Korean Job Discussion Forums

[brento1138]

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?

[ticktocktocktick]

http://en.wikipedia.org/wiki/Birthright_citizenship_in_the_United_States_of_America

[toby99]

The kid will have US citizenship.

[moosehead]

[CentralCali]

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.

[jomiro]

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.

[Steve_Rogers2008]

[Lolimahro]

[hapigokelli]

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.

[DeMayonnaise]

[goesslry]

anyone born on US soil, whether the mother is there legally, or illegally, is a US citizen.

[Justin Trullinger]

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!!!

[CentralCali]

Being pregnant is not a bar to entry. Depending on how far along the pregnancy is and if there are complications, there may be a bar to travel, though.

[DHC]

Perfectly legal in all 50 US states and US territories however, there is no guarantee that the foreign parent can remain in the US. As someone mentioned, the child cannot sponsor anyone for a visa until the child is an adult. Also, if the child is a male, he must do military service in Korea when he is of age. Korea will not permit him to renounce his Korean citizenship until after he completes military service. If the Korean parents live in Korea they MUST register their child in their family registration book. If the parents are both Korean and living in Korea, the child is not legally their child until registered.

[toadkillerdog]

Under the Constitution any person born in the US is a US citizen. That being said; my wife's friend was bragging to me how she "birthed" in the US and her son was a US citizen citizen like me. She was quite shocked when I told her to get the **** out of my house.