Indian parents in the US are grappling with growing uncertainty about birthright citizenship. Neha Satpute and Akshay Pise, an Indian couple on H-1B visas, were eagerly anticipating the arrival of their baby in San Jose, California, hoping their child would automatically gain US citizenship.
However, a proposed rule by Donald Trump to deny automatic citizenship to children of temporary foreign workers has thrown their plans into doubt. While two federal judges have temporarily blocked the order, legal battles are ongoing. This rule does not affect green card holders, but the lengthy backlog for Indian applicants—some waiting decades—leaves many families in limbo.
Without birthright citizenship, children of H-1B visa holders risk being placed in a legal gray area, which could impact their future prospects.
the uncertainty has caused widespread concern in Indian communities across the US. Many South Asian expectant parents are turning to online forums to discuss their newborns’ legal status. Some are even considering early C-sections to ensure their babies are born before any policy change takes effect. However, Dr. Sathaeesh Kathula of the American Association of Physicians of Indian Origin (AAPI) strongly advises against unnecessary medical procedures for non-medical reasons.
Trump’s proposed policy would also affect undocumented immigrants, stripping their children of automatic citizenship and eliminating pathways for family-based sponsorship. With over 5 million Indians on non-immigrant visas and as many as 725,000 undocumented Indian immigrants, the potential impact on the community is significant.
