Legal Question in Immigration Law in Wisconsin

Kind of visa given to a child given birth in USA

Dear Sir/Madam,

My husband and I came to America about 10 months ago. He has H1B visa (a kind of working visa for USA) and I have been given H4 visa. We are Iranian. I am pregnant now and my baby will give birth in Wisconsin.

I would like to know what kind of visa he/she will be given and if my husband visa and mine will be changed.

I would appreciate your cooperation.

Yours truly


Asked on 10/23/01, 4:04 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: Kind of visa given to a child given birth in USA

Common question. The baby will be a US citizen automatically but there will not be a document given to her. Her birth certificate will show she was born in the US and hence a citizen. Your status and that of your husband will be unchanged just because you have a US citizen child.

Obviously you're not an illegal alien but many illegals here in California come to the US and have kids thinking it will benefit them (the parents) but it doesn't.

Liem Doan, Esq.

Liem Doan, Esq.

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Answered on 11/22/01, 1:37 pm
E. Stassinos Elias Stassinos, Esq.

You Can Apply for adjustement of Status and Get a Green Card

Your child will be a US citizen. On the basis of that and on the basis of your H-1b visa you can apply for permanent resident status.

If you have more questions,

email me at [email protected]

or call me at 310.880.9404

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Answered on 11/22/01, 2:12 pm


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