To any couple, a child is a life changing occasion, but there are special legal complexities when it comes to immigrant couples expecting in the US. From your child’s citizenship to healthcare and social security, the information available can be overwhelming to discern. We will discuss some of the most important legal factors for immigrant couples when getting pregnant in the US in this article.
1. Your Child’s Immigration and Citizenship for The First Time.
One of the first things that any immigrant couple should consider is whether their child is a citizen or not. American citizens are almost automatically U.S. citizens if the child was born on American soil, regardless of immigration status. This is called birthright citizenship.
Thus, if the parents are illegal immigrants or living in the U.S. on a nonimmigrant visa, their child will likely still be a citizen of the United States. But it’s important to keep in mind that this citizenship status doesn’t necessarily confer legal immigration status or rights on the parents.
Immigrant couples also need to know if they’ll have a U.S.-born child in order to stay on the immigration path. For example, if one parent is on a visa to the U.S., they would need to know how a child’s birth could affect their visa status. Some types of visa require an announcement to the immigration department if the child is born. Additionally, if the child later wants to apply for the parents to sponsor them for immigration once they’re 21, it’s important to know about possible lag times or obstacles.
2. Healthcare During and After Childbirth.
The couple’s pregnancy is the top issue for accessing quality healthcare while expecting and during birth. But for immigrant people, US healthcare can be a minefield. Immigrant couples are not always subject to the same regulations as others, and some might be denied access to services.
As an example, those in the undocumented or temporary visa status can not receive all health programs, depending on their state and federal regulations. Having said that, it’s always a good idea to check on your options for healthcare, as well as state programs that offer assistance to all immigrants regardless of status.
Couples with upcoming immigrant babies also need to research Medicaid and other government programs that could help, even if they are not U.S. citizens. You may have eligibility for pregnancy and children, and in some states Medicaid has expanded to include them.
3. Access to Public Benefits and Services
Immigrant families have a difficult time getting their hands on public benefits, when having children. Public benefits are government programs to help family members (you may qualify depending on your immigration status). For instance, certain programmes may not apply to lawful permanent residents or U.S. citizens, and others may be only for immigrants with various statuses.
Know which programs you are eligible for and how your receiving public benefits can impact your future immigration cases. Some of these benefits, such as Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF), may be subject to immigration status. In some circumstances, public benefits could influence the immigrant’s application for a green card or citizenship.
4. Child Custody and Parental Rights
If it’s about child custody and parental rights, immigration status shouldn’t stand in your way of making sure your child is okay. It’s important for parents to know what they are entitled to and to have their parental duties and guardianship formally recorded.
If one parent is not a U.S. citizen or unclearly ill-educated, you should consult both an immigration attorney and a family lawyer. The two of them can come together and establish a strategy to ensure your child’s future and that both parents have legal access to their child. This is particularly true in cases where there may be a question of custody during times of emergency or litigation.
A legal guardianship or signed letter can give you some reassurance that your child’s interests will not be in jeopardy, no matter what happens to your immigration status.
Parenting a child in the United States poses certain special hurdles for immigrant couples but they can be overcome if they have proper legal education and preparation. From getting your child’s citizenship status to receiving health care and public services, these are some essential things immigrant parents can do to make the transition as easy as possible.
It’s best to contact a skilled immigration attorney and family law lawyer if you’re not sure or are concerned about your immigration, citizenship or parental rights, and then make sure that the future of your family is secure. If you’re guided properly, you can calmly prepare for your new baby while preserving your legal rights and immigration options.
