From Paperwork to Parenthood: Immigration Planning for International Couples Starting a Family

Welcoming a child into the world is a beautiful and transformative experience. But for international couples, especially when one or both partners are not U.S. citizens, parenthood comes with added legal and immigration considerations.

From birth certificates to legal status questions, it’s important to understand what rights and responsibilities you have from day one. With the right information and planning, you can ensure your growing family is protected and prepared for the future.

Is My Baby a U.S. Citizen at Birth?

Yes, if your baby is born on U.S. soil, they are automatically a U.S. citizen, regardless of the parent’s immigration status. This right is granted under the 14th Amendment of the U.S. Constitution, known as birthright citizenship. For families focused on immigration planning for international couples, understanding this right is essential to protect your child’s future.

Over the years, there have been political attempts to challenge this right. Notably, during his first presidency and again in 2023, former President Donald Trump proposed ending birthright citizenship via executive order. However, no such change has been enacted. As of July 2025, birthright citizenship remains fully in effect under constitutional law.

A U.S.-born child is entitled to:

• A U.S. passport

• A Social Security number

• Access to public education

• Eligibility for federal and state healthcare and benefits programs

  
  

Keep in mind: while your baby may be a U.S. citizen, this does not automatically grant any immigration benefit or legal status to you as the parent(s).

Immigration Planning Challenges for International Couples and Non-Citizen Parents

The birth of a child in the U.S. does not provide legal immigration status for either parent. You may continue to face immigration challenges even while raising a U.S. citizen child. Many parents mistakenly believe that having a U.S. citizen child will “fix” their status. This is not always true. When the child turns 21, however, they may petition to sponsor you for a green card This is a long-term plan, but it does not provide immediate relief.

Get Your Documents in Order

Start the journey of parenthood with your paperwork in order. This helps avoid complications down the line and ensures your child has full access to their benefits and rights as a U.S. citizen.

Make sure you:

• Register your baby’s birth and request multiple certified birth certificates

• Apply for your baby’s Social Security number and U.S. passport as early as possible.

• Ensure both parents’ passports and immigration records are updated and valid

• Keep a secure file of your family’s key documents (visas, IDs, insurance, etc.)

  
  

Note: Any and all documents from your immigration journey will be useful to be reviewed by an attorney prior to filing for an adjustment of status.

If your child is born abroad to a U.S. citizen parent, additional steps are required to pass on citizenship, such as applying for a Consular Report of Birth Abroad (CRBA). These cases can be complex, especially for dual-national families, and legal guidance is strongly recommended.

Healthcare and State Benefits: What’s Available?

One of the most urgent concerns for expecting and new parents is healthcare. Thankfully, some state and federal programs offer coverage regardless of immigration status, especially for prenatal and postnatal care.

Programs vary by state, but may include:

• Emergency Medicaid for labor and delivery

• Children’s Health Insurance Program (CHIP) for newborns

• State-funded Maternity Access Programs for low-income or undocumented mothers

• WIC (Women, Infants, and Children) support for food and nutrition

Remember: seeking prenatal care or enrolling in these programs does not count as a public charge for immigration purposes. Do not hesitate to prioritize your and your child’s health.

Parenthood is a journey and navigating the U.S. immigration system shouldn’t complicate what should be a joyful time. Whether you're on a temporary visa, have no status, or are applying for permanent residency, the most important thing is to seek advice early, understand your options, and plan proactively.

Patricia Elizee is the managing partner of Elizee Law Firm, a full-service immigration law firm based in Miami, Florida. Located at 1110 Brickell Avenue, Suite 315, the firm has proudly served families, individuals, and businesses since 2012. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law. The firm is dedicated to compassionate, family-focused immigration solutions for every stage of life.