Today, we will help mothers sort through the latest situation regarding giving birth in the U.S. from a policy perspective. Additionally, there are many issues regarding your child's education and life after obtaining U.S. citizenship that you must be aware of.
1. Giving birth in the U.S., what is the child's status?
Children born in the United States hold U.S. citizenship. According to the 14th Amendment to the U.S. Constitution, children born within U.S. territory automatically acquire U.S. citizenship. Furthermore, theoretically, once these children reach the age of 21, they can apply for legal immigration for their family members.
2. Is it legal to go to the U.S. to give birth?
As of now, it is certainly legal to go to the U.S. to give birth through legal channels. Although anti-immigration advocates argue that foreign nationals giving birth in the U.S. is a legal loophole.
3. Since it is legal to give birth in the U.S., why are maternity centers being investigated?
First, U.S. law prohibits business operations in residential areas, and maternity centers are generally located in residential zones; once investigated, they are considered illegal operations. Second, some maternity centers, in order to attract more customers, perform unauthorized renovations to expand living space, which touches upon prohibited areas of U.S. law. Third, most maternity centers prefer cash transactions, and issues of tax evasion and underreporting are common. Finally, Americans do not have the custom of "confinement" (zuoyuezi), so maternity centers cannot apply for relevant business licenses, and operating without a license is another major legal taboo.
Therefore, intermediary agencies have always operated in the gray area of the laws of both countries. For mothers who are planning to give birth in the U.S., "risk" is a word that must be kept in mind.
4. If you still intend to give birth in the U.S., what are the things you need to pay attention to?
Apply for an "Honest Visa" - Only then will the mother not face refusal of entry in the future.
In the past, many people were accused of visa fraud by the U.S. because they entered the country on a tourist/business visa but actually went to give birth. Many maternity centers also provide visa consulting, teaching pregnant women how to deceive visa officers and customs officials to get through. However, in reality, such behavior carries significant risks and directly affects whether the visa holder can re-enter the U.S. in the future.
Receiving education in the U.S.
Many expectant mothers choose to go to California to give birth to their American babies, partly because California has the highest concentration of prestigious schools, which is beneficial for the child's future studies and employment. However, many parents have the following misconceptions:
First, having U.S. citizenship does not mean you can receive free 12-year compulsory education from elementary to high school in the U.S. In the U.S., only public schools are free, while private school tuition is quite high, ranging from $30,000 to $40,000 USD per year. The prerequisite for obtaining eligibility to enroll in local public schools is to become a local resident. Residency is different from citizenship. To determine whether a student belongs to the local resident category, parents need to provide documents such as the child's birth certificate, property tax bills, utility bills, and the parents' driver's licenses.
Second, being a U.S. citizen does not mean it is easier to get into top U.S. universities. U.S. universities are very strict in selecting students. Admission criteria are based on five aspects: "academic grades," "academic ability," "extracurricular achievements," "personal talent and charisma," and "artistic talent." The selection criteria are relatively fair and transparent, and you will not be given priority just because you are American. Especially as an Asian, it is more difficult to get into top-tier U.S. universities than other races. To balance the proportion of students from different ethnic groups, U.S. schools divide each ethnic group by proportion and admit the best candidates. According to 2008 statistics from the U.S. Department of Education, the proportion of people with master's degrees was 8.4% for Whites, 4.9% for Blacks, 2.9% for Hispanics, 14% for Asians, and 3.6% for other races. As an Asian, to stand out among other Asians, you need to work harder than others.
Third, having U.S. citizenship does not mean that tuition for U.S. universities and graduate schools is much cheaper than for international students. In fact, many prestigious U.S. universities are private, and tuition for private schools is the same for both U.S. students and international students. Only public schools have more favorable tuition policies, but these are only available to local residents.