A decision by the US Supreme Court is currently making waves. While it’s a direct blow to Donald Trump’s ambitions, it holds a different meaning for Indians living in America.
Updated: July 1, 2026, 4:45 PM IST
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Will a child born to Indian parents receive US citizenship? What Birthright Citizenship law says (File)
Can Indian Parent’s Child Get US Citizenship: While an important decision of the US Supreme Court has dealt a blow to US President Donald Trump, it has also made millions of Indians living in America happy. Actually, the court has put a stay on President Donald Trump’s executive order, through which an attempt was made to limit the US citizenship based on birthright citizenship. After this decision, children of foreigners living in America will get the facility of becoming citizens there. Let us tell you that earlier also children born in America used to get citizenship there, which Trump wanted to reduce.
This ruling is likely to bring the greatest joy to Indian immigrants. Currently, approximately 5.2 to 5.4 million people of Indian origin live in the United States. A significant number of these are professionals working on H-1B visas in the IT, engineering, healthcare, and financial sectors. This decision is considered extremely important for such families. Let us explain in detail how this court decision will directly impact Indian families.
What are the rules of citizenship in America?
Under the 14th Amendment to the US Constitution, a provision has been in effect for nearly 160 years, providing that nearly every child born on US soil is considered a US citizen at birth. This rule is generally independent of the country of birth of the parent or the type of visa they hold in the US. Donald Trump’s order proposed that children born in the US to parents who hold temporary visas, such as H-1B visas, or who are living in the US without valid documents, would not automatically receive US citizenship.
Had this order been implemented, thousands of Indian families could have been affected. Following the Supreme Court’s decision, the practice of recognizing a child born in the United States as a US citizen at birth will remain in effect. This has brought relief to Indian families, including those living in the US on temporary visas and worried about their children’s future there.
Only children will become citizens, not parents
However, it’s important to understand that a child’s grant of US citizenship does not automatically grant citizenship or permanent residency (a green card) to their parents. Parents on H-1B or other temporary visas must maintain their visas and legal status. According to US immigration law, a US-born citizen child can apply for permanent residency for their parents only when they reach at least 21 years of age, meaning the parents don’t immediately receive the benefits of their child’s citizenship.