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May 14, 2010


I am a Mexican Citizen currently working in the United States under a TN visa; during this period of time my wife got pregnant.  She is under a TD visa as my dependant as well.  Most likely, we will be in the United States under this visa by the time she has to give birth. 
Is she legally allowed to give birth in the US?  Are there any rules to follow?
It is our desire to fulfill with all the requirements implied without breaking the US Immigration Law. Thank you, - ML


Congratulations on the new addition to your family!  


Please know that there are no legal restrictions to having your baby in the U.S. Your child will receive U.S. citizenship at birth, and the hospital will be able to assist you in receiving a U.S. birth certificate.  You and your wife will need to have proof of identity, such as your passports with U.S. visas.  You may find it useful to have a copy of your marriage certificate on hand as well.  A helpful idea is to contact the hospital in which your wife plans to deliver and ask for the requirements to register the birth of a child in that state.   


If you and your family will be residing in the U.S. for a significant amount of time after the baby is born, you should strongly consider applying for the child’s U.S. passport while you are in the U.S.  That way, you will not have to apply for the passport overseas, a process for which the requirements are more stringent.


Please safeguard all records, including prenatal care, receipts and any documents you receive from the hospital.


Congratulations again.