Can I Stay in America if My Baby Was Born Here?

 December 05, 2025 in Elite Lawyer

The Center for Immigration Studies estimates that there are between 225,000 and 250,000 children born to non-citizen parents in the U.S. every year. If your baby was born in the United States and you are undocumented or on a temporary visa, you are probably one of many people in 2026 wondering if having a US citizen child means you can now stay in America legally. 

The answer is complicated. Having a U.S. citizen child does not automatically give you legal status or the right to stay in America. However, your citizen child might eventually help you obtain legal status under certain circumstances. Understanding your options requires knowing immigration law and how having a citizen child affects your situation. 

The best way to do this is to work with an immigration attorney near you who has proven their skills by earning the Elite Lawyer award. 

Does Having a U.S. Citizen Child Give Me Immediate Status?

Your baby is a U.S. citizen from birth under the 14th Amendment to the Constitution. But you remain subject to immigration laws based on how you entered the country and your current status. Simply giving birth to a baby in the United States does not grant you immigration status. 

If you are in the United States without authorization, having a citizen child does not prevent removal proceedings. Immigration authorities can still detain you and start deportation processes. Your child's citizenship does not shield you from immigration enforcement.

Can My U.S. Citizen Child Help Me Get a Green Card?

Your child must turn 21 years old before they can petition for you to get a green card. This process is called immediate relative sponsorship and has no wait times or quotas.

When your child reaches 21, they can file Form I-130 on your behalf. If you entered the United States legally with a visa, you might be able to adjust your status to get your green card without leaving the country. If you entered without inspection, you typically must leave the United States and process your green card through a consulate, which triggers bars to reentry if you accumulated unlawful presence.

What Immigration Relief Might Be Available Now if You Are the Undocumented Parent of a U.S. Citizen Baby?

Several forms of relief might help parents of U.S. citizen children, though none are guaranteed:

• Cancellation of removal for people in proceedings who lived in the US for at least ten years and can prove exceptional hardship to citizen family members

• Asylum for people who fear persecution based on race, religion, nationality, political opinion, or social group membership

• Family-based petitions through U.S. citizen or permanent resident spouses or other relatives

• Temporary Protected Status if available for your country of origin

• U visas for crime victims who cooperate with law enforcement

Having a U.S. citizen child does not make you eligible for these forms of relief automatically, but strong family ties can strengthen some cases.

Contact an Immigration Attorney Today Through Elite Lawyer

If you need help with your immigration situation, contact an immigration attorney in the Elite Lawyer network. These attorneys have demonstrated the skills and dedication that earn them this prestigious award. They can evaluate your case, explain your options, and fight for your right to remain in the United States with your family.