Recently, news of the U.S. government's raid on California maternity centers has attracted widespread attention. Due to “the birth of a child in the U.S. grants U.S. citizenship”, more and more foreign pregnant women are choosing to give birth in the U.S., valuing the advantages of U.S. citizenship. This is also a way for many to obtain a U.S. green card. In fact, giving birth in the U.S. is not illegal; the U.S. government primarily targets pregnant women who conceal their pregnancy when applying for a visa or who take risks without obtaining a U.S. visa and legal status, as well as the agencies providing such services.
Legal experts have analyzed that pregnant women involved in these "illegal" births in the U.S. may face the following three issues:
First, criminal prosecution: If a pregnant woman provides false information to the U.S. government to obtain a tourist visa, it may constitute visa fraud. However, in these federal criminal cases, prosecutors may need these clients as cooperating witnesses to testify against the intermediary companies and operators of the maternity centers. Involved pregnant women should immediately hire a lawyer to seek to become cooperating witnesses to avoid prosecution;
Second, visa and status issues: Federal lawsuits often take more than a year to process, and involved individuals may face visa expiration issues. Therefore, pregnant women involved must discuss with their lawyers whether they can obtain a cooperating witness visa to maintain their legal status in the U.S.;
Third, civil dispute issues: If a pregnant woman has paid all funds to the intermediary company or maternity center, it is likely that these centers or companies will be sued due to the case, or they may disappear after the news breaks. Pregnant women should prepare by consulting civil lawyers about the possibility of recovering funds. However, when pursuing claims in the U.S., it is advisable to avoid hourly billing arrangements, as this could lead to high legal fees without recovering any funds.
Whether for obtaining a green card for oneself or for a child, it is essential to choose safe and legal methods. Immigrating to obtain legal resident status in the U.S. before giving birth is undoubtedly the best and safest way to obtain a U.S. green card and status.
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