2007-04-03 04:18:50 · 19 answers · asked by Anonymous in Politics & Government ➔ Immigration
i am asking this NOT because i am an illegal alien, but on behalf of someone who got involved with some one who is, and this person seems to think that b/c she is pregnant that she can now stay in the country.
2007-04-03 04:40:20 · update #1
As of this date (29 March 2007), the child will be entitled to have US citizenship, if born on US soil. However, there is a bill before Congress that would change this ruling that may be passed into law fairly shortly - thereby requiring the child to retain the nationality/citizenship of its parents.
To leave the country (by flying) the child would then be required to obtain a US passport - which it cannot do if the parents are not US citizens. And once the parental visa expires, the parent(s) cannot stay in the country - even though the child will have to remain.
Since the mother is an illegal - she stands the chance of being deported immediately. Her baby, while a US citizen in its own right, cannot travel (because it cannot have a passport issued since the parents are not citizens) and will be left behind ... effectively, this is forced abandonment. This could also be seen as a criminal charge against the mother. If convicted, she would then not be allowed back into the country for any reason.
The mother has to go through normal immigration channels to obtain residency and then citizenship. The child could eventually sponsor her return to US soil, provided s/he has reached at least 21 years of age and can prove they have sufficient income to support the arriving parent while the immigration proceedings occur.
2007-04-03 09:10:20 · answer #1 · answered by CanTexan 6 · 1⤊ 0⤋
The system does not work that way
The 14th admendment allows the child the benefit of automatic citizenship but it does not confer it on the parent. If that were the case, illegals would be hatching up children just for the privilege and that would overwhelm an already broken system.
They would either have to apply for an adjustment of status, ( if they qualify)
Go back home and apply that way for an adjustment of status
Wait until there child becomes a legal adult and the child can apply for them
Marry a US citizen ( but bear in mind, this option is strictly enforced and watched because of high levels of fraud)
or hope that the comprehensive immigration plan which, while it does not give amnesty, would shorten the waiting period from 18 years ( if waiting on the child to apply) to 11 years.
2007-04-03 11:25:14 · answer #2 · answered by thequeenreigns 7 · 6⤊ 0⤋
She doesn't. The child is a citizen, the mother isn't. Usually what happens is the mother has a choice to make if she is deported. She could keep her child and take her child back to her country, or she could leave the child in the US with legal relatives.
There was an aticle in yesterdays Washington Post. There is a family who is waiting an immigration hearing, their children were born here, and they were busted for being illegal, the father is in jail awaiting the hearing, and the mother is under house arrest with an ankle bracelet. It looks like they will be deported back to Ecquador.
2007-04-03 11:27:51 · answer #3 · answered by Angelus2007 4 · 5⤊ 0⤋
No she will NOT be a citizen. Her child will be. She better be careful, with all the raids going on, parents are being taken away from their children. Her best bet is to go back to her country and file the proper paper work to become a citizen. Besides, if she has the proper paper work in place it will make it easier for her to get any kind of help she may need with the baby.
2007-04-03 11:50:47 · answer #4 · answered by Spring loaded horsie 5 · 0⤊ 0⤋
No way. Your child will be a US citizen but you will still be an illegal alien. If you get deported, your child can stay and be given to child services or can be deported with you as well. When your kid becomes 18, then and only then can he/she petition you. There is a wait time of course. Try marrying a US citizen, that is faster.
2007-04-03 11:34:14 · answer #5 · answered by ★Spotter★ 7 · 1⤊ 0⤋
NO!!! Her child may become a citizen depending on if the law passes or not, but as of today, her child and only her child will be a citizen. She has no right to be here or work here if she is illegal regardless of a citizen child.
2007-04-03 12:56:18 · answer #6 · answered by Chasity 2 · 0⤊ 0⤋
Well, many coyotes (people who transport illegals), will take 3-4 pregnant women over the border and drop them off a hospital. hospitals can't refuse to treat them, so they have the kid. the hospital reports the birth to the local register who in turn issues a birth certificate.
2007-04-03 12:00:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, the only thing she'll get is deported. The child can stay with any LEGAL family members or LEGAL friends she happens to have. At age 21 the child can petition for the mother.
Or, the child can get deported too. Of course, when the child gets older its free to comeback.
2007-04-03 11:27:43 · answer #8 · answered by Yak Rider 7 · 4⤊ 0⤋
Sorry, Mother gets no change in status due to kid, i mean no automatic citizenship...
1.) the kid gets automatic U.S citizenship.
2.) only time the kid can help her is went the child reach 21 years old and petition for her.
3.) after that it's a wait for 5 years with green card to apply for Citizenship .
2007-04-03 11:22:21 · answer #9 · answered by Anonymous · 6⤊ 0⤋
No. The parent has no special status. If she gets deported she can take her child with her or make arrangements to leave her child behind with a friend or family legally here.
2007-04-03 12:03:36 · answer #10 · answered by DAR 7 · 0⤊ 0⤋