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Along with several executive orders announced by Donald Trump soon after he took office, the order to end birthright citizenship has left H-1B and F-1 visa holders confused and scared of what will happen now. For people who wanted their children to become citizens of the United States if they were born here, things would not be the same after this order. Call Kats Immigration Law to speak to our expert immigration attorney and find about other pathways to secure US citizenship for your children. Alina Kats helps you consider the most viable options, including EB-1, EB-2, and EB-5 visas and takes the necessary steps to secure your stay and citizenship in the U.S.
Birthright citizenship ensures that every child born in the US has the same legal rights as any other US citizen, including the right to live, work, and vote in the country. However, during the last few years, birthright citizenship has been under a lot of debate, with politicians urging the government to stop this policy. While its advocates believe it to be an important part of US law and a testament to the nation’s commitment to equality and inclusivity, its opponents argue that it promotes birth tourism or illegal immigration.
The Trump administration issued an executive order on January 20th, which ended birthright citizenship in the United States. The purpose of this order is to control the increasing number of immigrants, particularly those holding H-1B and F-1 visas, whose children became US citizens after being born here. The ending of the birthright citizenship has sparked widespread discussion and concerns among citizens and immigrants, and thousands of people need to consider options for securing a stable future in the US.
Read on to learn what birthright citizenship is, the implications of Trump’s decision, and what other pathways are available for people who might be affected by this order.
Birthright citizenship is a legal right granted under the 14th amendment of the US constitution. It ensures that anyone born on U.S. soil automatically becomes a citizen, regardless of the nationality or immigration status of their parents. It does not matter if their parents are foreign nationals with temporary or undocumented status. This right also provides these children a chance to help their parents become US citizens through legal permanent residency or a green card.
This protection is rooted in the aftermath of the Civil War in an effort to grant legal and civil rights to Black Americans. The only exceptions typically include children of foreign diplomats or military personnel who are not subject to U.S. jurisdiction. This principle is also known as “jus soli” or “right of the soil,” and has long been a cornerstone of U.S. immigration law.
Donald Trump’s decision to end birthright citizenship intends to reform how citizenship will be granted in the US. The executive order directs federal agencies to stop issuing citizenship documents to children born to undocumented parents or parents in the country on temporary visas.
However, the legal implementations of this decision remain uncertain, and it is expected to face significant challenges. At the same time, affected families need to take action and explore viable alternatives to ensure they can continue to live in the US without facing serious consequences including deportation.
At the moment, a federal judge in Seattle issued a temporary halt to the order, calling it unconstitutional. However, the Trump administration plans appeal, raising questions about the future of birthright citizenship in America.
Most people who come to the US dream of building a long-term future here. Birthright citizenship offered their children a right to become US citizens if they were born on this land and allowed them to sponsor their parents for legal permanent residency or green card in the future.
If birthright citizenship were to end in the U.S., it could significantly affect H-1B and F-1 visa holders, especially their children born here. Without the safety net of birthright citizenship for their children, visa holders are facing increased uncertainty and even fears of deportation in some cases.
The primacy concerns include:
This leaves the H1-B and F-1 visa holders with no other way but to seek alternative options that give them a chance to stay back and build a secure future for their children.
Read on to learn about the top alternatives that can help H1-B and F-1 visa holders stay in the US after birthright citizenship ends.
There are several ways to obtain U.S. citizenship aside from birthright citizenship. Each route has its own eligibility criteria and process.
Some of them are:
Also known as the Employment-Based First Preference Visa, the EB-1 Visa is a path to green cards for foreign nationals who meet specific criteria. It focuses on individuals with extraordinary abilities, outstanding professors, researchers, or multinational managers and executives, giving them a chance to become permanent residents of the US.
Eligibility criteria includes significant achievements, such as international awards, published research, or demonstrated leadership roles. The applicants can enjoy a fast-track route to permanent residency, bypassing backlogs observed in other visa categories.
It is ideal for high achievers who seek a direct pathway to green card and US citizenship in the long run.
The EB-2 visa gives professionals holding advanced degrees or individuals with exceptional ability in their fields a chance to petition for a green card for the benefit they would provide to the US. It is a good option for people who seek to become a permanent resident through employment based sponsorship.
An individual must possess a US master’s degree or a foreign equivalent or showcase exceptional ability in the field of science, business and arts. They would require a job offer and a labor certification unless applying for a National Interest Waiver. They need to show that they would contribute significantly to the US economy and there is no readily available worker in the US to fill that position.
The EB-5 Visa is an immigrant investor program that provides a pathway to permanent residency for foreign investors who make significant investments in the US economy, creating jobs and stimulating economic growth. It is the best option for high-net-worth individuals who seek a residency option with fewer immigration hurdles.
Investors are required to invest a minimum of $800,000 in a business, targeted employment area or $1,050,000 elsewhere, which must create or preserve at least 10 jobs for US workers. They must show that they have legal and financial ability to make this investment.
After obtaining their green cards, investors can apply for citizenship through the naturalization process. This visa grants green cards for investors, their spouses, and children under 21 years.
The O-1 visa is granted to individuals with exceptional ability in science, education, business, arts, or athletics and a proven track record of excellence in their domain. It allows them to live and work temporarily in the United States.
To qualify for this visa, an individual must present evidence of national or international recognition in their field of study or work. They will get a renewable, temporary visa, which has the potential for transition into a permanent residency.
The H-4 EAD visa is available for spouses of H-1B visa holders who have an approved I-140 or an extended H-1B visa. It allows the spouses of H-1B visa holders to legally work in the United States. This not only gives them a chance to pursue their own professional goals while their partner works on an H-1B visa, but this way they can also contribute to the US economy.
It is highly beneficial for families as it enables dual income, which improves their financial stability and quality of life. It is a great option for families that seek flexibility and stability in the US.
It is a process through which a foreign national can apply to become a U.S. citizen if they maintain lawful permanent residency and meet specific criteria. It requires them to live in the US for at least 5 years and 3 years if they are spouses of US citizens.
Eligibility requirements for naturalization include being at least 18 years old, having a good moral character, being able to read, write, and speak basic English, and taking an oath of allegiance to the United States. The process of naturalization involves filing Form-400, passing a civic test, and completing an interview. It is the ideal option for families who want to stay long-term in the US and obtain US citizenship.
Acting timely is significant as it can save you a lot of unnecessary effort and financial stress. Proactively exploring alternatives prevents uncertainty and secure you and your family’s future in the US. Working with the right immigration attorney helps you identify the right pathway and you can reduce the potential challenges you may go through as the end of birthright citizenship order is implemented.
The end of birthright citizenship is expected to be a major shift but it does not have to change the existing pathways for H-1B and F-1 holders to stay in the U.S or prevent them from becoming permanent residents. The children of these visa holders will most likely face new challenges but they could still benefit from the other pathways.
Various other alternatives, such as EB-1, EB-2, EB-5, and O-1 visas offer promising pathways for H-1B and F-1 holders and their children. Alina Kats can help you choose the best option and take positive steps to navigate the changes efficiently. She keeps you informed about the policies in the immigration system that might impact your case and comes up with the best strategies to ensure a smooth and successful outcome.