I am working in H1B status in California. My wife, who is on H-4, is due to give birth in a few weeks. Will my child be considered a U.S. citizen?

Answer

Yes, as things stand now, a child born in California would still be considered a U.S. citizen.

California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance of an injunction. And, although a recent U.S. Supreme Court decision ended the nationwide injunction, it left in its place an injunction that still covers people born in these 22 states. (09.Jul.2025)

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