Jackpot Baby
-Sudhir Shah, Advocate, Mumbai

How many of you consider the birth of your child as a jackpot?

Some people aspiring to migrate to USA and finding no clue to travel and stay there permanently do consider the birth of their child on a USA soil as a jackpot and call their child a jackpot baby. If a child is born on US soil, irrespective of the fact that his/her parents are legally or illegally merely in USA upon the birth the child automatically receives USA citizenship. When the child reaches the age of 21 years under the current USA Immigration Laws, he/she becomes entitled to sponsor his/her parents and spouse for a Green Card under Immediate Relative category. Immigrant visas issued under this category are not confined to any quota limits and may be issued in any number in a year. Immediate Relatives of a USA citizen can thus receive a Green Card within 6-12 months depending upon the processing time taken by the Service Center of the U.S.Citizenships & Immigration Services. USA citizens are also eligible to sponsor their siblings for Green Card under Family Fourth Preference category. These people in turn sponsor their relatives and so forth so on and it becomes a chain migration.

The phrase Jackpot Baby, at times also referred to as “Anchor Baby” are considered derogatory and a hate speech. But the fact is that thousands of people try to take advantage of this provision of USA Immigration Law.

A US citizen unlike green card holders need not stay permanently in USA. Thus a child born in USA who becomes a US citizen can then be brought by his parents to their home country and once the child attains majority he can travel to USA, stay there and then sponsor his immediate relatives. Several Korean and Chinese language websites provide detailed step by step procedural guidance as to how one can plan to give birth to their child in USA and then receive immigration benefits.

Many Indians immediately upon marriage try and obtain 10 year’s multi-entry Visitor’s visa of USA for both of them and particularly for the bride. As soon as the wife is pregnant she travels to USA, stays there at some relatives or friends house, gives birth to her child in USA and then returns to India with the Jackpot Baby!