The birthright citizenship battleground continues to raise doubts for many families in the United States on temporary visas. The same question often comes up for parents who hold work visas, student visas, or other non-immigrant status. If my child were born on US soil, what does that actually mean for our future?
Months later, in 2026, political discussions are continuing, and uncertainty is putting many immigrant families under stress. At The Law Office of Olena Manilich, we work with visa holders to understand their rights and plan for long-term stability. If you want help regarding your situation, then contact us. We can advise you on your best options.
What Birthright Citizenship Currently Means
Under current law, any child born in the United States automatically qualifies for U.S. citizenship, no matter the immigration status of his or her parents. That rule holds regardless of whether parents have H-1B visas, L-1 visas, or F-1 student visas, or are even in lawful status. Your child is issued a US passport and gains the rights that accompany citizenship.
But many parents do not understand what this citizenship affords. Although your child is a United States citizen at birth. That status does not automatically confer legal status or a green card on you. A child cannot sponsor you for permanent residence until the child is 21 years old. Parents need to keep their own immigration status valid. Schedule your consultation with us. Our immigration attorney services in NYC can help you develop a clear long-term immigration strategy for your family.
Real Examples and the Cost of Planning Ahead
Take a couple living in New York City on H-1B and H-4 visas. Their child was born in Manhattan and has a United States passport. The parents had hoped they would ultimately be able to gain status through their child. But because the child would have to be 21 when he or she was sponsored, the parents needed valid work visas for two decades. Their case review led them to pursue an employment-based green card. Government filing fees and medical exams typically run about $2,000 per applicant, while legal fees were between $3,000 and $6,000, depending on the complexity of a case.
In another scenario, one student visa holder gave birth in the U.S. but subsequently fell out of status. While the child retained U.S. citizenship, the parent was subject to removal proceedings. Immigration court legal defense may run anywhere from $5,000 to $15,000, depending on the case. These costly, stressful results are often avoidable with early planning. Contact us today. Our office can help you before the problems develop if you would like to know what financial or legal impact your immigration decisions may have.
What Parents Should Do Now
If you’re here on a temporary visa and have an American-born child, don’t panic. Under current law, your child is still a US citizen. But you should not depend only on his citizenship to help secure your future. Immigration policy changes, and long-run stability needs planning.
Check your existing visa status and expiration dates first. Then ask whether you’re eligible for permanent residence or other long-term status. Finally, talk to an immigration lawyer who knows both the policy debates and real-world solutions. If you want clear-cut answers regarding the future of your family, check out our immigration lawyer services in NYC or book a consultation with our office.
Conclusion
The birthright citizenship issue remains a hot topic, but families can only take practical steps until political winds change. A US born child is a citizen, but parents have to keep their own status legal and be strategic. Like, with the right path of action, you can maintain your family’s stability and prevent expensive immigration problems.
Visa holders throughout New York City have turned for help to the Law Office of Olena Manilich. We have worked with clients to understand their rights and find long-term solutions in immigration. If you would like to discuss your family’s situation, please contact us today. Let’s secure together your family’s future in the US.
