Question of Birthright Citizenship Legality

The  legality of birthright citizenship in the United State has come to light again.

As reported on The Washington Post  titled  Trump again raises much-debated but rarely tested question of birthright citizenship.

President Trump in his recent interview resurrected a much-debated but rarely tested legal question  about the birthright citizenship. He said he planned to issue an executive order that would end the automatic grant of citizenship to those born in this country to non-citizens. That will be to counter the provisions of the USA Constitution.

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Different opinions about the issue has being raised by legal experts and debated for years on how to interpret the citizenship clause of the Constitution’s 14th Amendment, although those in agreement with the long-held practice of granting citizenship to those born on U.S. soil seems to be having a upper hand.

Read some references :

Is It Legal to Visit America to Have a Baby in Order to Create Citizenship?


Birthright citizenship, explained


Is it Legal for foreigners to give birth in USA?



The  Constitution’s 14th Amendment  text says: “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.”

The phrase, “and subject to the jurisdiction thereof,” as argued by some legal scholars, seems to give the government leeway to restrict the right, just as other Constitutional amendments can be limited.

The question on everybody’s mind is “What will happen if the President signed an executive order to re-interpret the birthright citizenship clause?”

Our View


While a child born by a non-citizen in the USA ( refer to as anchor baby) gains citizen statues by birth, it does not  confer citizenship or any privilege(s) to the parent. Having a child under the age of 18 years old, even though a citizen does not give citizenship or its privileges on the parent. But the child at age of 18 years old may start and file relevant immigration process for the parent to become a citizen. The process is long and tedious and will only be approve by the USCIS if everything checks out.

The hope of most immigrants coming to USA to have their child is to give them an option in future, should it be necessary, while some immigrants come to benefit from the high quality of healthcare services. They pay cash and do not take advantage of the opportunities open to citizens and residents of the USA.  Every loving parent will do anything within their power to make their child happy, and give them a future to look forward to, as much as its within their power. Many will take up mortgage, invest and save for college, 401k, and other form of benefits for the future of their kids.

Whatever the outcome of the debate, what is most important is the LAW and CONSTITUTION AS AMENDED at each given time. Everyone, either citizen or immigrants should respect the constitution or executive order if passed.



Getting vital records after delivery

How to get vital records after delivery


The whole process and plans does not come to a fruitful end until all vital document are received.The vital records needed after save delivery of a child in the USA, especially as a foreigner with the urgent need to round up and travel back to their base, includes:


Delivery record

Birth certificate

Social security number for the baby


Immunization records

Flight ticket

Order Your Vital Certificates Online. Quick, Easy & Secure. Order Now!

Birth Certificate

As you register yourself for delivery in a US hospital
you will be given forms to be filled out by you. There
will be many forms given to you out of which one
copy will be from the hospital records and another
will be sent to the county or state for the purpose of
registration. It is advised to think of a name well
before your due date because though there is an
option to give the name a few days after birth it is a
hefty paperwork again. This can be stressful
considering your responsibilities as a newborn baby’s
parent. Better to undergo the process of registration
in a hassle free manner. The birth certificate is
usually ready for collection within 2 weeks at an
address which will be given to you by the hospital.


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What if I Refuse to PAY

What if I REFUSE TO PAY Hospital Bill

Some people have the privilege of entering the USA, give birth and take advantage of the quality healthcare services offered by the hospital or birth center as the case may be, but did not settle their hospital bill.

There are various circumstances that may surround the nonpayment such as:

    • Lack of financial capacity
    • Taking advantage of the system
    • Loss of Child or mother (Death)
    • Change in circumstances
    • Unexpected complications during childbirth leading to a huge hospital bill
    • Other reasons

Refusing to pay the hospital bill have various serious consequences which include:

  • Sending the bill to a collection center, which in the long run will spoil the parents’ credit ratings
  • Refusal to release the vital documents, like the birth certificate
  • Refusal of Visa renewal for parent
  • Non-issue of citizenship document and status on the child

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It is important to note that most hospitals in the USA are profit making and will need the bill to be settled. Remember the hospital bill is a compilation of services you received from your encounter with the Doctors (Gynecologist, pediatrician, anesthesiologist, surgeon etc), Nurses, laboratory, the room, other ancillary services during and after childbirth.

Giving birth in the USA as a noncitizen or tourist was not an emergency, at least you are aware of your pregnancy. except in cases where a gravid woman came to labor at an earlier date than expected.


In a situation where the hospital bill is beyond your capacity, ask to talk to account department of any unit in charge of billing. Negotiate with them as a cash paying patient with no insurance, most likely they will give you a reasonable discount and a payment plan. A payment plan is usually an equal monthly repayment of a bulk amount over a given period of time. (For example, $500 monthly for 1 year to repay $6,000).

Refusal to release the vital documents

The hospital might refuse to submit the birth certificate information to the State’s Vital records office and that means you will not be able to get the birth certificate copy from vital records office.We advise you contact a lawyer, maybe an immigration attorney for a better perspective on this matter.

Our view on Tourist Giving Birth in the USA is to be fair and just in take advantage of the Law that bestows citizenship on a child born in the USA from anyone even the non-citizens.

Without the birth certificate, you might not be able to complete the necessary documentation for citizenship for your child.

We recommend contacting the hospital and making a payment plan with them to at least show some commitment, while you seek out an attorney or non-profit organizations that might be able to help.

Refusal of Visa renewal for parent

You might be refused a visa renewal when next your B1/B2 Visa expires. Many have lost the privilege of ever entering the USA again because of nonpayment of their hospital bill. Your action might be viewed as fraudulent and intentional. Also, you jeopardized your newborn baby’s opportunity both now and in the future. Ask yourself: Is it worth ALL the trouble?

Further Recommendation

Read more about:

15 Basic Traveling formalities to USA

Is it Legal for foreigners to give birth in USA?

The reason why the USA is Vigilant at its Borders


Have any special request? Book a consult and lets chat on phone or skype or whatsapp… whatever works
We wish you all the best in your journey.



Is it Legal for foreigners to give birth in USA?

IS it Legal?


“The Fourteenth Amendment to the United States Constitution guarantees U.S. citizenship to those born in the United States, provided the person is “subject to the jurisdiction” of the United States. Congress has further extended birthright citizenship to all inhabited U.S. territories except American Samoa. (People born in American Samoa get U.S. nationality without citizenship at birth.) Once they reach 21 years of age, as a birthright citizen, American-born children are able to sponsor their foreign families’ U.S. citizenship and residency” (Quote from Wikipedia)


While it is not illegal for a non-US citizen or permanent resident to have a child in the US. The problem only arises when the person does not pay for the cost of the birth of the child and allows Medicaid to cover the costs. There is actually an entire business sector designed around foreigners coming to the US and giving birth to US citizen children. Persons who have come to the States and given birth allowing Medicaid to cover the costs of the birth have had their visas revoked or have been denied the renewal of their non-immigrant visas.

GET THE EBOOK NOW ON AMAZON >Birth Tourism in USA: A Tourist Guide to Giving Birth in US

It is a fraud to enjoy government benefits meant for tax paying citizen because as a tourist you do not pay tax.

Below is a quote from the U.S. Customs and Border Protection website:


This is what it says:

“Although there are no specific regulations prohibiting pregnant foreign nationals from entering the U.S., entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer. If the CBP Officer determines that you are likely to become a ward of the government (meaning that the government must provide medical care because you do not have medical coverage), you can be denied entry.

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When determining if you will be allowed to enter the U.S., CBP Officers take into consideration the date your child is due for delivery and the length of time you intend to stay in the U.S. In addition, they want evidence that you have sufficient medical insurance to cover any medical necessities while you are in the U.S. and that you intend to return home.


If it is determined that you do not have sufficient medical insurance to cover any unexpected or expected medical care while in the U.S., you can be denied entry. Additionally, if you are pregnant and entering the U.S. at a border port of entry via vehicle, be aware the radiation detection portals deployed at the ports do not emit any radiation and do not present a hazard to you and your unborn child.


Wikipedia mentioned that some people “advocate for pregnant mothers to hide their pregnancies from officials and even commit visa fraud––lying to customs agents about their true purpose in the U.S Once they give birth, several ‘birth tourism’ agencies aid the mothers in defrauding the U.S. hospital, taking advantage of discounts reserved for impoverished American mothers. Some mothers will even refuse to pay the bill for the medical care received during their hospital stay”



Border post

US Border and protection post


Birth tourism is a part of a larger industry: that is Medical Tourism. Same way anyone from any part of the world may decide to travel out of his/her country to another for plastic surgery or dental care, a woman may choose to have her baby in the U.S.

So far she is truthful about the whole process, from the point of interviewing for the visa, to telling the truth about her intentions at the point of entry. And while in the U.S, ensuring she pay for all expenses accruing from her healthcare, without taking advantage of government benefits. It is not illegal to have your baby in the U.S.

As a maternity center rightly quoted on CNN, “There is no law that may impede this practice… For the majority of parents, the wellbeing of their children is a priority without limits.”

Book a 30min consultation with me here . 

I will answer some of your questions and also request.

Other services we render:

Assist in searching and locating hospitals and Doctors with previous experice with foreigners giving birth in USA with no insurance.

Assist in finding a proper accommodation that will suit your long term stay also having in mind people with same religion, race, tribe and language, Anything to make your stay comfortable and successful.

Book a consultation to discuss further.