How Can Children Born in the United States Obtain Japanese Residence Status?

Guide to Applying for a “Dependent” Visa for Children Born in the United States to Foreign Couples Living in Japan

In recent years, an increasing number of foreign couples living in Japan have chosen to have children in the United States. However, after the child is born, how to legally bring them back to Japan to live has become a common challenge for many families.

This article will provide a systematic analysis of:

• What type of Japanese visa should the child apply for?

• What are the standard procedures and practical challenges?

• What are the feasible strategies to address these issues?

• How can we assist you?

Our Position Statement | Position on “Birth Tourism”

In recent years, the phenomenon known as “birth tourism” has become a matter of great concern to the international community. This involves traveling to the United States for a short period of time with the primary purpose of giving birth to a child in order to obtain U.S. citizenship, without the intention of long-term residence or legal status.

This practice persists because, under the Fourteenth Amendment to the U.S. Constitution, individuals born in the United States automatically acquire U.S. citizenship. Many people therefore hope that their children will have access to better education and economic opportunities in the future. However, this practice has sparked widespread controversy and is facing increasingly stringent legal scrutiny.

We hereby solemnly declare:

✅ We do not provide any assistance, support, or encouragement for any form of “birth tourism” activities;

✅ We will not provide visa, legal, or document services to individuals or families traveling to the United States for the purpose of circumventing the U.S. immigration system.

✅ We strictly comply with and respect the immigration laws and public interest principles of Japan and the United States, and do not encourage any behavior that may undermine trust in the immigration system.

To further clarify our position, we quote the official public statement issued by the US Mission China on social media platform X (formerly Twitter) on April 25, 2025, as follows:

“Some foreign parents apply for U.S. tourist visas with the primary purpose of giving birth to their children in the United States to obtain U.S. citizenship. This is unacceptable, and the result may ultimately be that U.S. taxpayers will have to foot the bill for these medical expenses. This is what is known as ‘birth tourism.’ U.S. consular officials will deny all such visa applications in accordance with U.S. immigration law. Those who abuse our immigration system through ‘birth tourism’ may lose their eligibility to apply for a U.S. visa or travel to the United States in the future.”

We fully support this position and have always adhered to the principles of legal compliance, professionalism, and neutrality in our services. We only accept clients who are legally residing in Japan and wish to obtain Japanese residence status for their children. We do not accept any cases that attempt to circumvent or exploit loopholes in the laws of other countries.

What type of Japanese residence status should a U.S. citizen baby apply for?

If the child wishes to live with their parents in Japan, they must apply for the “Dependent” residence status.

This applies to children whose parents hold one of the following residence statuses in Japan:

• Engineer/Specialist in Humanities/International Services

• Business Manager

• Student (University/Senmon-gakko School)

• Highly Skilled Professional Visas and Other Work Visas

Standard Application Process (for children with legal residency in the United States)

1. Parents in Japan apply to the Immigration Bureau for a Certificate of Eligibility (COE) for “Dependent” Residence Status;

2. After obtaining the COE, the child must present their U.S. passport and the COE to the Japanese embassy or consulate in the United States to apply for a visa;

3. After obtaining the visa, enter Japan, collect the Residence Card, and complete the procedures for long-term stay.

Note: The above method is applicable to parents of children who have stable legal status in the United States (such as a green card or long-term visa).

A more common dilemma in reality: giving birth on a tourist visa

An increasing number of foreign couples are using B1/B2 US visitor visas to give birth in the United States, with the child obtaining U.S. citizenship, but the parents do not have long-term legal residency. In such cases, the following situations may arise:

• Unable to apply for a Japanese visa for the child in the United States

• After returning to their home country, children can enter the country with a travel document, but because they hold U.S. citizenship, they cannot register their permanent residence and are therefore unable to apply for a temporary residence permit.

• Some Japanese embassies and consulates abroad also do not accept visa applications submitted under U.S. citizenship.

In other words, neither the United States nor the child’s home country can apply for a visa for the child.

Solution: Enter Japan under the “Temporary Visitor” (visa-exempt) status and then apply for a change of status

U.S. passport holders can enter Japan visa-free for up to 90 days (“Temporary visitor” short-term stay).

The solution process is as follows:

1. The child first enters Japan visa-free with a U.S. passport and obtains “Temporary visitor” status;

2. After entry, the parents apply for a “Dependent” status of residence certification (COE) for the child within Japan;

3. If the COE is successfully issued within the 90-day valid stay period, you may apply for a “Change of Status of Residence” within Japan.

• [FAQ] I obtained a COE while I was in Japan. What do I need to do after that?

Special circumstances: Direct change without a certificate of eligibility

According to Article 20, Paragraph 3, Clause 3 of the Immigration Control and Refugee Recognition Act of Japan: In cases of “unavoidable special circumstances,” it is permitted to directly change from “Temporary Visitor” to “Depedent” without first obtaining a Certificate of Eligibility (COE).

【Reference Case Law】: Tokyo District Court, October 31, 2007 (Heisei 18 (Gyo-U) No. 113). In practice, there are numerous successful precedents.

• Change of status from Temporary Visitor (Tourist) Visa to Spouse Visa and Other Visas 

What can we do for you?

Yokoyama Legal Service Office is a specialized law firm focusing on immigration matters for foreigners.

We specialize in handling:

✔️ Complex situations where children born in the U.S. face difficulties returning to Japan
✔️ Cross-border legal issues involving multiple nationalities, household registration, visas, and other overlapping legal issues
✔️ Developing strategies to meet the criteria for “special circumstances”
✔️ Negotiating with the Immigration Bureau and preparing a comprehensive documentation package

We will tailor the most suitable solution for you and provide highly successful professional services.

Conclusion

Securing stable and legal residency status for children in Japan is an important responsibility for every parent.
We hope that every international family can smoothly resolve visa issues and create a safe environment for their children to grow up in.

Contact Us | Initial Consultation Information

Initial consultation (30 minutes, 1 hour on-site): 11,000 yen (tax included)
Online consultation available / Serving clients nationwide

Please make an appointment via the link below or the menu bar 【Contact Us】. We will contact you as soon as possible to arrange a consultation time.

Phone: 03-6264-9388 (English and Chinese available)

WeChat ID: visa_hengshan

Line ID: visa_yokoyama

Email: info@lawoffice-yokoyama.com