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brento1138
Joined: 17 Nov 2004
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Posted: Wed Jun 23, 2010 10:54 pm Post subject: Birthing a Child in the USA |
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I have a friend who wants to give birth to her child in the USA. She's Korean, and only has an uncle who lives in the USA. Is it possible for her to do this? Will the child be considered American? |
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ticktocktocktick

Joined: 31 Mar 2009
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toby99
Joined: 28 Aug 2009 Location: Dong-Incheon-by-the-sea, South Korea
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Posted: Wed Jun 23, 2010 11:04 pm Post subject: |
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The kid will have US citizenship. |
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moosehead

Joined: 05 May 2007
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Posted: Wed Jun 23, 2010 11:10 pm Post subject: |
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toby99 wrote: |
The kid will have US citizenship. |
not sure about this; think that's all been changed in recent years. |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Jun 23, 2010 11:13 pm Post subject: |
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It has not been changed. To do so would require an amendment to the US Constitution. What has changed is the Korean government's approach towards dual nationals. The OP might mention to the friend that "anchor babies" are not eligible to sponsor anyone into the US until said anchor reaches the age of majority. |
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jomiro
Joined: 10 Jan 2010
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Posted: Wed Jun 23, 2010 11:15 pm Post subject: |
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it hasnt changed in the state of hawaii
i have a good friend who recently gave birth to her child in hawaii.
she is european, her husband is korean. they live in korea and were expecting a boy. to get around the military service for their child they decided to have him delivered in america.
so for the state of hawaii the law is the same. a child, when being born in america, received american citizenship automatically.
besides.. theres tons of tour agencies who have specialized in that field. to send the pregnant woman abroad to birth the baby, that is. |
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Steve_Rogers2008
Joined: 22 Mar 2010
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Posted: Wed Jun 23, 2010 11:23 pm Post subject: |
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toby99 wrote: |
The kid will have US citizenship. |
Not if the people of the Great State of Arizona have anything to say about it!
what's the use anyway, really? it's not like the 'rents will benefit from it greatly. not like ya can stick around indefinitely and live off the fat of the land.
Now maybe if the mom is hot, she can get by on being a MILF, but the dad.... just outta luck. |
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Lolimahro
Joined: 19 May 2009
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Posted: Wed Jun 23, 2010 11:27 pm Post subject: |
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Quote: |
Amendment 14, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
If you give birth in the USA, then your child gets a birth certificate from the state they're born in - proof of citizenship nessesary for a U.S. passport. See also: U.S. Constitution, Amendment 14.
This is being challenged in the States currently, but for children of illegal immigrants, and even that seems unlikely to trump Amendment 14.
I have no idea about dual citizenship rules in Korea. |
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hapigokelli
Joined: 04 Aug 2009
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Posted: Wed Jun 23, 2010 11:30 pm Post subject: |
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I read somewhere recently that US immigration is trying to crack down on baby-runs. If immigration finds out that a woman is pregnant, they'll deny her VISA. |
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DeMayonnaise
Joined: 02 Nov 2008
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Posted: Wed Jun 23, 2010 11:33 pm Post subject: |
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hapigokelli wrote: |
I read somewhere recently that US immigration is trying to crack down on baby-runs. If immigration finds out that a woman is pregnant, they'll deny her VISA. |
That makes sense...but isn't Korea on the visa waiver program and wouldn't need a visa to enter anyways? Koreans just get their passport stamped and that's that. I don't know if they could even tell if the woman is pregnant or not.
But it clearly states in the US constitution that a kid born in the US will have US citizenship. Conservatives are making a lot of noise about trying to change that, but it clearly hasn't been changed.
MOD EDIT |
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goesslry
Joined: 19 Jun 2007
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Posted: Wed Jun 23, 2010 11:51 pm Post subject: |
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anyone born on US soil, whether the mother is there legally, or illegally, is a US citizen. |
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Justin Trullinger
Joined: 11 Jan 2010 Location: Seoul
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Posted: Thu Jun 24, 2010 3:12 am Post subject: |
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I have an aquaintance who was just refused permission to travel to the US, by an airline. (She is a pregnant Korean woman.)
Korea is on the visa waiver program- this does NOT guarantee them entry in to the US, but only relieves them of the responsibility of applying for a visa beforehand. They can just show up and be admitted.
Or not. Nobody is guaranteed admittance. Whether a traveler to the US has a visa, or is from a visa-waiver country, the border agent who reviews their documents at first port of entry may allow or deny them entry at their own discretion. (And it IS discretionary. People do get refused, all the time.)
How could you tell a woman is pregnant? Well, in some cases, it's pretty obvious. My friend is a fairly slender woman with a bulging abdomen, who looks...pregnant. Remember the visa waiver is only for 90 days. If you are hoping to give birth in the US, you'd have to be more than 6 months pregnant for that to work without overstaying your visa. Most women who are over six months pregnant are visibly so.
With all of this on the table, I'm sure it still happens all the time.
But there's a big difference between a chance of success and something you can count on. PErsonally, I wouldn't take the chances.
Best,
Justin
PS- Given the cost of health care it the US, only a pretty rich family could consider going there to have a baby!!! |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Jun 24, 2010 5:46 am Post subject: |
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