Illegal Parents, Legal Child?

Question

The situation is this. A couple came to the US on a temporary VISA,
and had a child here. The son is now a legal american citizen. THe
parents VISA ran out, and they are now illegal immigrants. THey were
refused another visa. The son is now 16 years old, not yet an adult.

Say the parents have been found out and are scheduled to be
deported. They wish to take their son with them back to their
homeland, but the son does not want to go back. He wishes to remain
on US soil and live his life here.

What happens then? WHo wins? The son or the parents. Shouldn't the
son win because he is a legal citizen, and no one has the right to
take him off of US soil if he does not wish it. However, on the flip
side, he is still not an adult.

So i want to know who would win? Logically i think the son should be
allowed to stay here, but knowing our immigration policies, there
probably is some ridiculous loophole where he is going to be forced
back to his homeland with his family.

Thanks.

I love how some people jus tpost for the sake of posting.
And EmilyB, where did you get that information from? Are you just using your logic, or is that cold hard fact?

i can use my logic too if i wanted. please don't answer if you have no idea of what you speak of. I may sound like a bastard right now, but seriously, in any forum, you shouldn't answer if you really don't know wat the heck ur talking about.

And i know that u all have the right to say watever u want, but please stop littering this with BS answers and your own opinions. What i want are facts, not some logic-induced answer. If i wanted logical answers, i'd use my own logic, not yours. What i want are cold hard facts.

Also, JeffP are you sure about what you're stating? I believed that this was true also, but EMilyB states otherwise. I don't know which one of you is correct.

please pelase read my above comment on not posting what you THINK is right.

Singledad are u sure?
Sunshine, are yOU sure???

youtwo just stated two different things. who is right?

and purplepartygirl, YOU ARE THE TYPE of person i wish would stop posting here. No, the son cannot ask for legalization of his parents. He can only do so when he is 21, it is stated above that he is only 16, that's why he's having this problem.

oklatom, please lets not get into a proofreading war here. You forgot a period at the end of your sentence after your first listing.

And I do realize a judge will decide what is to be done, but even judges can't just do whatever they want. They have to follow certain precedents that have been set. That is what i want to know about.

If you're going to give an attitude, don't state the obvious back. My problems with other people here are with people who state opinions when i repeatedly ask for facts.

rdyjoe. Swearing allegiance is a matter of saying words.

And where is this law, or are you pulling this law out of your fantasy books. There is no such law that states that the parents have to be a citizen. IF you are just going to contribute fallacies, don't contribute at all.

Jesus christ, how many times do i have to state, don't post something that you have no idea about.

Answer 1

Their is a law stating that if the parents are not citizens and have not sworn allegiance to this country that the offspring is NOT a duly granted citizenship.

Answer 2

There are a lot of stories like that in the all US. Unfortunately their son still not an adult and he can be forced by immigration to go back with his parents, but he will keep all his rights like a citizen and he will be able to return to US when he turns 18 or 21 I am not sure about the age.

Dear friend: If I answered your question is because I am Spanish and like I said before know some similar stories and always have the same sad end. You may know immigration law change very often. The best you can do is ask to a immigration lawyer.
Good Luck!!

Answer 3

Your best bet is not to listen to people on here. For real facts, call United States Citizenship and Immigration Services. They would not be able to provide you with the information, because unfortunately we do not have any information regarding that BUT... What you should do is ask to be transferred to an Immigration Officer. When you do that, one of the representatives will transfer the call to someone who will definitely be able to tell you an answer and any information about whether or not the parents are eligible to bypass this deportation, as some do... Some illegal immigrants scheduled for deportation apply to have the resident requirements waived, and in this case, it sounds like a logic reason to apply.

The USCIS Customer Service line is 1 800 375 9493. The website is www.uscis.gov, if you would like further information.

The calls are a bit of a wait, but if you are in California or along the west coast anywhere, if you call after 3pm you may not have to wait very long at all because all offices shut down at 6PM on the east coast, leaving the only callers those in California, etc.

Good luck!

Answer 4

i thought there was something about how the son could help the paretns apply for citizenship here in america.

but since the parents are going to be deported.. they have the right to take their son cuase he's not an adult yet.
if the government knows about the legal son and the illegal parents, i 'm sure they'll make some kinda deal about letting the kid stay and giving the paretns citizenship..

Answer 5

I just feel sorry for the entire family, there should be a way that they can stay together, and for the son, yes he have the right to stay in US, because legally he is US citizen, but for the parent they may return to their country first but when the son is old enough to apply for green card for the parent one day.

Answer 6

My husband says it is a court issue. Since the boy was born here, the deportation doesn't apply to him, but there is a concern of who will take care of his schooling and other issues with his parents not here. If he wants to stay, he will need to be assigned a legal guardian by the courts till he reaches the age of 18 and can legally take care of himself. I don't believe a US citizen can be forced to leave his own country. I would definately contact a lawyer.

Answer 7

The kid. The kid cannot be deported against his wishes, as he is a birthright American citizen. If he's under 18, then he will be placed in foster care until he's of legal age.

Screwed up system that leaves a kid without his parents just because they wanted him to have a better life, isn't it?

Answer 8

The reality is such that the son can claim the parents, thus legalizing them. Nobody has to go back to ridiculous living and wage conditions. They can all legally stay here...

Answer 9

I'm sure of two things.

1. You really need to proof read when you post
2. A judge will make the decision as to what happens with the child, based on the facts presented to him (or her) no matter what I think.

Answer 10

Wish I knew the answer but I always wondered how the parents deal with being deported when the child is a legal us citizen.