Having a child is always a moment filled with hope and emotion. However, for immigrants in the United States, it can also bring up many legal questions. Will my child be a U.S. citizen? Can I fix my immigration status through him or her? What is the Trump administration changing about the rights of kids born in the U.S. in 2025? Are some of them.
I’m attorney Maria Mendoza, immigration law specialist. In this article, I’ll explain everything you need to know if you have or are expecting a child in the United States in 2025, from birthright citizenship and Trump’s attempts to restrict it, to how and when you may qualify for legal residency through your U.S. citizen child.
Is Birthright Citizenship at Risk in 2025?
Unfortunately, yes. In January 2025, President Donald Trump signed Executive Order 14160 to deny automatic U.S. citizenship to babies born to undocumented immigrants or parents with temporary visas. While lower courts initially blocked the order for being unconstitutional, the Supreme Court recently ruled in favor of the administration, allowing the federal government to enforce this policy in 28 states.
This marks a major shift in the interpretation of the 14th Amendment, which for over 150 years has guaranteed citizenship to anyone born on U.S. soil. Now, in the affected states, only children born to U.S. citizens, lawful permanent residents, or individuals with legal immigration status will automatically receive citizenship at birth.
You may also be interested in: ICE Operations: Everything You Need to Know to Protect Yourself.
What Happens to Babies Born to Undocumented Immigrants?
This is a growing concern for thousands of immigrant families—and rightfully so. Starting February 19, 2025:
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Babies born in the 28 affected states to parents without legal immigration status will not receive a certificate of U.S. citizenship at birth.
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These children are not at immediate risk of deportation, but they will be placed in legal limbo—without access to key services or full legal protections—unless their parents take legal steps to challenge the denial or regularize their status.
Which States Are Affected by Trump’s birthright citizenship policy?
According to official sources, the executive order will apply in 28 states, most of which are governed by legislatures aligned with President Trump. The list may evolve, but as of now, the affected states include: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
Meanwhile, 22 other states, including California and New York, have filed a joint lawsuit to block the executive order, arguing that it violates the U.S. Constitution and the fundamental rights of children born on American territory. Although the lawsuit initially succeeded in delaying the policy nationwide, the Supreme Court’s recent ruling now allows it to take effect in states that are not part of the legal challenge.
Here is more information: Donald Trump Signs Executive Orders Impacting U.S. Immigration.
Can I Fix My Immigration Status If I Have a U.S. Citizen Child?
As an immigration Attorney, this is one of the most common questions I receive. The answer is yes, but not automatically. There are important requirements you must meet to qualify:
Main Requirements:
- Your child must be at least 21 years old.
- They must be a U.S. citizen.
- As a parent, you must also meet eligibility criteria, such as:
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Do not have a serious criminal record
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No recent deportations
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Financial stability or a joint sponsor
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What Is the Process to Apply for Residency Through My Child?
If you want to obtain your legal residence (Green Card) through your U.S. citizen child, you’ll need to go through an immigration process that starts with Form I-130 (Petition for Alien Relative). The steps include:
1.- I-130 filing by your U.S. citizen child (age 21+).
2.- Wait for approval, which can take several months.
3.- Adjustment of status, if you are legally in the U.S., or consular processing, if you’re abroad or entered without inspection.
4.- Attend the final interview with USCIS or a U.S. consulate, depending on your case.
Due to stricter immigration enforcement in 2025, USCIS is applying tougher scrutiny and longer wait times. Having legal support from the beginning can help avoid delays or denials and save you time.
You may also be interested in: Can I fix my papers through my citizen child if I have entries and exits?
What If I Entered the U.S. Without Papers or Have a Criminal Record?
If you entered the U.S. without a visa or have a criminal record, your path may be more complex, but not necessarily impossible. In many cases, you may need:
- A Provisional Waiver (Form I-601 or I-601A)
- To prove that your removal would cause “extreme hardship” to your U.S. citizen child.
- Or to explore other legal alternatives, such as:
Legal Options If You Don’t Qualify Through Your U.S. Citizen Child
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245(i) Law
Allows certain individuals to adjust their status if someone filed a petition for them before April 30, 2001. Even now, you may qualify as a derivative beneficiary.
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Parole in Place (PIP)
This applies to parents, spouses, or children of U.S. military members. It allows adjustment of status without leaving the country and waives penalties for unlawful entry.
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VAWA Visa for Abused Parents
If you’ve suffered physical, emotional, psychological, or financial abuse by your U.S. citizen child over 21, you may qualify for this humanitarian visa.
Learn more in this video: My child doesn’t want to help me fix my immigration status.
None of these options is automatic or fast, but each offers a real legal pathway to permanent residency if you meet the requirements.
What Should I Do If I Have a Child in the U.S. in 2025?
As you can see, having a U.S. citizen child does not grant you automatic residency, but it can open important doors in the future, once your child turns 21. In the meantime, there are other possible legal pathways, depending on your background and family situation.
At The Mendoza Law Firm, we’ve been defending immigrant families for over 15 years. We know how complex and intimidating the U.S. immigration system can be, and we’re here to guide you every step of the way. Contact us today for a free case evaluation.
If you already have children or are planning to start a family, now more than ever—given the uncertainty surrounding this new law affecting children born in the United States—it’s essential to stay informed and have a clear legal strategy, mi gente.
¡La lucha sigue!
