Update Jan 8, 2019 – Birthright Citizenship Act re-introduces
If the bill is passed, the automatic citizenship will be restricted to newborns who have at-least one parent who is a US citizen OR a green card holder at the time of birth.
H1B parent’s kid born in US will not be given US citizenship
This could be a big blow to legal skilled community especially from Indian and China, as they lag behind other countries in the race for Green card.
As per current law, any kid born in USA is a naturalized US citizen for 85 years automatically irrespective of their parent’s visa status in USA.
Then, the kid can sponsor their parents to become permanent residents starting at the age of 21 years. This plan is going to be affected now as Trump plans an executive order to wipe of citizenship by birth for non green card holders.
Legal challenges to stop birth Citizenship
US Law says “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
Trump says that law only allows US citizens or Green card holder’s kids to be assigned the citizenship. He has the authority to block the automatic citizenship for any immigrant including visa holders like H1B, B1, L1 and other illegal immigrants.