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Available ways to legalize in the US for families after revocation of birthright citizenship: top 6 proven ways

Expats
Residence permit
USA (United States)
Available ways to legalize in the US for families after revocation of birthright citizenship: top 6 proven ways

The active changes in US immigration policy since Donald Trump came to power are affecting the lives of millions of foreigners, both in the country and abroad. In particular, the possible abolition of birthright citizenship has negatively affected thousands of families. Find out what alternative legalization paths are available to foreign families in the US after the abolition of birthright citizenship

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On the first day of his presidency, Donald Trump signed a series of orders aimed at changing immigration laws. Among the decisions is an order to abolish the right to US citizenship for children born to families of foreigners. This news has forced holders of non-immigrant H-1B and F-1 visas to look for alternative ways to move to the United States for permanent residence.

About the available ways of legalization in the United States for families of foreigners after the abolition of citizenship by birth, further in our new material.


What is citizenship by birth?


Citizenship by birth means the legal right of a child born within the country to automatically acquire its citizenship, regardless of the citizenship status of the parents.

In the United States of America, the 14th Amendment guarantees that children born in the United States are granted American citizenship. However, a new decree signed by President Donald Trump aims to put an end to this long-standing policy.


Will Donald Trump End Birthright Citizenship?


On January 20, 2025, US President Donald Trump signed an executive order that limits the right to birthright citizenship for certain categories of children born in the United States. The order will take effect on February 19, 2025.

This order challenges established legal rules, so changing birthright citizenship would likely require amending the Constitution, which faces significant political hurdles. The administration’s actions could lead to legal disputes and uncertainty for many families. Therefore, we advise expats in the US to consider alternative paths now to be prepared for possible changes.




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Who among foreigners will be affected by the end of birthright citizenship?


The cancellation of birthright citizenship in the United States will affect the following categories of visa holders the most:


- H-1B – a non-immigrant visa that allows US companies to hire foreign workers for specialized positions that require theoretical or technical knowledge. Only highly qualified workers with at least a bachelor's degree, valuable knowledge and at least three years of work experience can obtain a visa. The maximum allowed period of work is 6 years.


- F-1 – a visa for foreign students, which is valid only for the period of study.


- Other categories of non-immigrant visas: B-1/B-2, L-1, TN and P-1.


What difficulties await foreigners in the United States after the cancellation of birthright citizenship?


Without the ability to obtain birthright citizenship for their children, holders of the above visas in the United States face the following challenges:


1. Automatic loss of citizenship for children

Previously, children born to visa holders in the United States automatically received citizenship. This policy change removes that right, leaving these families to navigate complex immigration systems.


2. Dependency on visa status

Children born in the United States to H-1B or F-1 holders can now inherit their parents’ visa status, making it even more difficult to obtain long-term residency or citizenship.


Alternative Paths to Legalization in the USA in 2025


EB-1 Visa


The EB-1 visa is a work-based immigration visa that allows foreigners with significant academic or work achievements to immigrate to the USA. Expats who can demonstrate exceptional skills in areas such as science, art, education, business, or sports can obtain permission.

The advantage is that not only the main applicant, but also family members (spouse and children) receive a fast track to a green card.


- Basic requirements for the applicant

1. The presence of significant achievements, including international awards, published research, or demonstrated leadership roles.

2. A fast track to permanent residence, bypassing the long delays observed in other visa categories.

Ideal for successful people looking for a direct path to a green card.


EB-2 Visa


The EB-2 NIW (National Interest Waiver) visa is one of the categories of immigration visas in the United States, which is issued to foreign professionals working in science, research, business or other fields that meet the national interests of the United States. The EB-2 NIW program allows candidates to bypass the requirement of having an employer-sponsor or labor certification (PERM) when obtaining a visa.

In order to obtain an EB-2 NIW, the candidate must demonstrate his uniqueness and expertise in his field, as well as prove that his work has a broad national or even international character.

The permit provides a stable path to permanent residence with the possibility of naturalization later.

Ideal for H-1B holders seeking long-term stability through employment-based sponsorship.


EB-5 Visa


Moving to the United States is possible for people who are ready to invest in an already operating business in the United States or want to open their own promising enterprise. The United States of America offers a special EB-5 visa for business immigration.

To obtain a visa, a foreigner must engage in business activities that will benefit the US economy by providing jobs and capital investment.


The minimum investment amount for the EB-5 program:

- $ 1,050,000 in total;

- $ 800,000 in targeted employment areas.

Ideal for wealthy individuals looking for a residency option with fewer immigration barriers.


O-1 Visa


The O-1 visa is designed for individuals with exceptional abilities in science, education, business, the arts, or athletics. It allows foreigners to work temporarily in the United States.

Evidence of national or international recognition in the field in which the applicant works is required.

The advantage of the O-1 temporary visa is the possibility of renewal with the transition to permanent residence.

Ideal for professionals with a proven track record in their field.


H-4 Visa EAD for Spouses


The H-4 EAD visa allows spouses of H-1B visa holders to legally work in the United States. This gives foreigners a chance to contribute to the US economy and achieve their own professional goals while their partner works on an H-1B visa.


Naturalization through Long-Term Residence


Naturalization opens the path to US citizenship for individuals who have been permanent residents of the US and meet certain criteria:

- Legal permanent residence for at least 5 years (or 3 years for spouses of US citizens).

- Includes completing the N-400 form, passing the civics exam, and interviews.


What do foreigners in the US need to do to legalize in 2025?


Actively exploring alternative legalization options can help foreigners in the US avoid uncertainty and be confident in their future in the US, so we recommend that you start exploring alternative legalization options other than birthright citizenship now.




Contact a Visit World immigration lawyer, as professional advice is essential in determining the most suitable visa option for your family.




Stay up-to-date on current changes in migration legislation, for this, follow the “Blog” section on the Visit World portal.


As a reminder! Obtaining a Green Card in the US can be quite difficult, especially for applicants from countries with high demand. However, we have already told you which methods of obtaining a residence permit in the US will be the best in 2025.




Products from Visit World for a comfortable trip:


Checklist for obtaining a visa and necessary documents in the USA;

Legal advice on immigration to the USA;

Travel insurance for foreigners in the USA;

Medical insurance all over the world.



We monitor the accuracy and relevance of our information, so if you notice any errors or inconsistencies, please contact our hotline.

Frequantly

asked questions

Is it hard to legalize in the US?

The queue for legal entry into the US takes years, often decades, and costs more than most potential immigrants can afford – $1,760 to apply for a US green card.

What is the fastest way to get a green card?

Which is the best country for foreigners to give birth in?

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