My friend has been married for 5 years and they have a daughter together. She still cannot work and would really like to help her husband with bills and bringing income into the household. Doesn't she automatically become a citizen or something of that nature? Shouldn't she be abe to work at least or get a green card? Without too much hassle?
2006-09-13 10:58:16 · 18 answers · asked by Vininha L 1 in Politics & Government ➔ Immigration
Yes, they were born in the US. However, that doesn't mean the mom is automatically a resident
2006-09-13 11:00:03 · answer #1 · answered by Abrams Tanker 3 · 2⤊ 1⤋
Unless she finds a legal method of getting her green card, she is still an illegal. With the INS, there is no automatic pass under any circumstances. You still gotta' fill out the correct paperwork.
I know a Cuban refugee who came to the States on a student visa, went to Viet Nam, and got a purple heart. He later married and had two kids, twin boys, all without talking again to INS.
After some years, the INS caught up with him, and said he was going to be deported. He proved he had served in VN, and instead of being deported, was given almost automatic citizenship.
At no time did INS mention the fact that he was married with two kids.
She should see a really good immigration lawyer.
Unlike many here, whom I think are truly motivated by racism, I do think being married and having kids should qualify for residency, and after 5 years, citizenship. There are things a civilized people do, and things a civilized people do NOT do.
2006-09-13 11:06:04 · answer #2 · answered by retiredslashescaped1 5 · 1⤊ 1⤋
The child is a US citizen. Mom is very likely in for a huge hassle. She may be removed to her home country, with or without the child. Maybe it would be best to contact a group like Catholic Social Services or LULAC in your community to find some low cost legal help. Study up on this. The worst mistake is to believe that immigration judges decide cases based on compassion. Nothing could be further from the truth. They go strictly by letter of law. Like it or not, she broke the law. She entered the country by avoiding inspection (or even worse, by presenting fake documents or saying she was a US citizen). She is removable. If she thinks she'll be able to throw herself on the mercy of the court, she is doomed to removal. Good immigration law help could make it as simple as going across the border to the closest US consulate and picking up an immigrant visa, then crossing back in legally as a lawful permanent resident. Of course, then, you better be careful. Bad immigration lawyers have a habit of charging thousands of dollars and still getting you kicked out of the country and barred for 5 to 10 years. Sorry I can't be of more help. Find LULAC and talk to them. That's probably the best bet.
2006-09-13 12:06:37 · answer #3 · answered by Mark Porter 2 · 0⤊ 0⤋
Anyone born in the US is a US citizen. This law has been in place since just after the Civil War. It was written to ensure that US-born slaves were not denied their civil rights.
Unfortunately, illegal aliens know of this law. They come to the US and have kids -- "anchor babies." These anchor babies are elegible for welfare, state medical benefits, food-stamps -- the whole enchilada.
Your friend's daughter is legal. The US citizen in this marriage is legal. The illegal alien in this marriage is just that: illegal. That person (your friend or her husband, I don't know which, from your description) should go down to INS and find out how to go about getting legal.
2006-09-13 11:05:48 · answer #4 · answered by lifeloom 2 · 0⤊ 0⤋
The child is a US citizen but she is not. He has to file an I130. If she has been here illegally for a good length of time they are usually denied. Anytime, anyone is in the US illegally they are usually deported, but since you have a child a waver can be filed. She will have to return to her country of origin and wait out the waver which takes about 6-10 months. You need to file NOW! I suggest they find a good immigration atty as well.
2006-09-13 11:28:47 · answer #5 · answered by proud mom ♥ 4 · 0⤊ 0⤋
The child is a citizen but she is not. If she has been married to this man for 5 years and he is legal then she can apply for permanent residence based on that.
2006-09-13 11:55:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Nope! Nothing automatically makes you legal. Only being born here makes you a citizen, or legal. She need to get herself an immigration attorney and start her legalization process. She might have to go back to her country for a while as "punishment" for entering the U.S. illegally. Otherwise, if she gets caught, she will be deported.
2006-09-13 11:28:51 · answer #7 · answered by xcelix 4 · 0⤊ 0⤋
No
If her husband is legal why hasn't she filed the proper paperwork to get her citizenship or green card so that she can work. Just because you marry an American and have a baby doesn't automatically make it legal for you to live here.
2006-09-13 10:59:37 · answer #8 · answered by Jen G 6 · 3⤊ 0⤋
no, there is no such rule or law that automatically makes her a citizen upon marriage, the child is a citizen. she still needs to apply for status as a "legal permanent resident", then she can get a social security card, she still has to have INS authorization to work in this country legally. the social security card will be printed the words "not authorized for work" or "authorized for work only", she needs to apply for her alien card, here in california i believe the fee is $280.
2006-09-13 13:41:08 · answer #9 · answered by gelfin1028 2 · 0⤊ 0⤋
according to the law,the child,born here,is a us citizen.the mother,who entered illegally,is considered an illegal alien.she isnt automatically a citizen.to work,she has to give a social security number.if she makes one up,and is caught,she will be in trouble and may be deported.please proceed with caution-yes,they can send a mother back without her baby !!!!!ps- if she had entered legally,and married a us citizen,she would be a citizen after 5 years.
2006-09-13 11:11:41 · answer #10 · answered by Lyn K 4 · 0⤊ 1⤋
The child long as they were born on U.S. soil is a citizen already. The mother is eligible for citizenship but I think she still has to pass the test to become a citizen.
2006-09-13 11:00:26 · answer #11 · answered by Anonymous · 1⤊ 1⤋