I am an EB-5 investor and will have a child in the USA at the end of February or early March. I am currently on a conditional green card, and my wife is waiting to hear back about her I-485 application. With the new executive order on birthright citizenship, will my child be eligible for citizenship with me being on a conditional green card?
Answers
Jimena G Cabrera
Find the Best EB5 Visa LawyersIt won't because the order is unlikely to be deemed constitutional. Additionally, conditional permanent residents have the same rights and responsibilities as other lawful permanent residents.
Lynne Feldman
Find the Best EB5 Visa LawyersWe expect that Executive Order to be struck down by the courts as unconstitutional. This is not something Trump can do without a Constitutional Amendment. A lawsuit by many State Attorney Generals has already been filed. I expect your child will always be considered a U.S. citizen.
Yuliya Veremiyenko-Campos
Find the Best EB5 Visa LawyersUnder the provisions of the executive order, you child will get a U.S. citizenship if you are a green card holder at the time of your child’s birth. Also, there have been lawsuits filed seeking to enjoin the order, so it might not go into effect.
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