I’m looking forward to applying for an EB-5 visa to move to the U.S. and I’ve been thinking about having a child while I’m going through this process while studying in the U.S., and I’m curious—if I have a baby during my application, would my child automatically become a U.S. citizen? I ask because of all the situation concerning birthright citizenship right now.
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysUnder present law yes, but this may change as the Supreme Court is reviewing and may issue a decision in April or May 2026.
Lynne Feldman
EB-5 Immigration attorneysIf your newborn was born in the U.S., the child is automatically a U.S. citizen unless you are an ambassador or other category with certain immunities.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysAll of this is hypothetical. There is zero reason to believe that a “pending application” would make a difference. Pursue EB-5 and have your child when it suits your family.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.