Here is the solution. Warning: it may be too straightforward and easy to understand for some people. 1. Are you here legally? A: If Yes: go to Question 2 B: If No, your child being born is not here legally either and neither of you have the rights of an American Citizen. There are no driver's licenses for illegal immigrants, no welfare or medicaid and no tuition assistance either. If you want these, immigrate the legal way, period. 2. What is your Legal Status? A: If Visa, your child being born is granted one of identical terms as well B: If Green Card, your child is granted one of identical terms as well C: If Naturalized Citizen, your child is a Citizen.