Can a US citizens mother stay on without citizenship?

Question

My friend is on H4 with her husband who has H1.They have started green card processing and both their kids were born here.Age 5 and 5 months.
Now the parents are not getting along well and the husband wants to go back to his own country where he lives with his parents(cultural practice), but the wife wants to stay on in US with the kids as her inlaws ill treat her back home.Doe she have any right to stay on in US because her kids are eligible for citizenship.

Answer 1

When the child is a citizen, then the parent can apply to become a permanent resident - a green card holder.

So, right now, the grandmother has no standing until her adult child becomes a citizen.

There are lots of lawyers who specialize in this - but you can certainly apply and do it all yourself.

Answer 2

So the H1 husband's employers have started an employment-based immigrant petition for the husband, who works for them. However, if the husband quits his job and returns home, the green card process stops, since there is no longer a petitionable employer-employee relationship. The wife loses her H4 status automatically, because H4 is a dependent of an H1, and she will have no grounds to request a green card.

Having a US citizen child is not grounds for an adjustment of status, or any right to stay in the US. As someone already said, a child cannot petition for a parent until the child turns 21.

So, in answer to your question, No, she cannot stay in the US legally if her husband leaves; she can't request a green card based on her children's citizenship.

PS - there is no such thing as an "undue hardship" petition.

Answer 3

opposite to what others are asserting, the U. S. DOES enable twin citizenship, as does the Philippines (with some situations). Philippine regulation states that if a baby is born to a Filipino citizen (whether in another country or interior the Philippines) the youngster is a Philippine citizen however the youngster's delivery might desire to be registered with the closest Philippine embassy/consulate wihin a 300 and sixty 5 days of the youngster's delivery if the youngster is to be registered as a Filipino citizen. If the delivery isn't registered interior a 300 and sixty 5 days, the youngster might desire to be registered with the closest consulate/embassy on the instant and an evidence might desire to be offered as to why the delivery replaced into not registered interior a 300 and sixty 5 days, yet this could be a trifling formality and citizenship would be granted in spite of the reason. Philippine regulation additionally states that if the determine loses Philippine citizenship (ie via naturalising in a foreign places u . s . and not employing to maintain or reacquire Philippine citizenship) the youngster remains a Philippine citizen. The regulation additionally states that if the determine naturalises foreign places till now the youngster is born, the determine is now not a Philippine citizen till they prepare to maintain their citizenship or later prepare to reacquire it. this might mean that if neither of those replaced into utilized for, the youngster does not be a Philippine citizen. whether, if the determine reacquires citizenship, all toddlers (no count in the event that they have been born while the determine replaced into not a citizen) are given Philippine citizenship. because of the fact the youngster is a Philippine citizen, no return value ticket is needed. under US regulation, the youngster might desire to flow away and enter the U. S. on a valid US passport. under Philippine regulation, twin Philippine voters might desire to instruct data of their Philippine citizenship (delivery certificates, valid passport, certificates from the Buearu of Immigration) in the event that they are vacationing on foreign places passports. If the determine is now not a citizen by way of foreign places naturalization, the determine will become a balikbayan, as does any close family individuals individuals vacationing with them. This entitles balikbayans to flow into the Philippines for as much as a million 3 hundred and sixty 5 days and that they might own land interior the Philippines of as much as a undeniable land section.

Answer 4

Her kids are already US citizens if they were born in the US. However the parent cannot claim a right to live in the US solely based on the child's US citizenship until the child is 18 years old.

Answer 5

Yes but it is complicated.She will have to file for undue hardship to the children and at the same time file for residence.Its a long process and goes in front of the immigration judge.You need a lawyer for this That is the only way.You can fill out the paperwork and send it in yourself but at the hearing you need a lawyer.So go to the website get the forms,send it in and wait until your hearing .www.uscis.gov
Good Luck

Answer 6

She can petition for adjustment of status but she may want to look at a student visa.

No, just being the parent of a citizen gives you no status unless the citizen is 21 years old and can petition for you.

Answer 7

if they have already started the process yes she should be just fine here

Answer 8

she has to go back until they are 18 and then they can bring them self's and her back..

Answer 9

no, but you can sponser her to become a citizen