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I have a question about "anchor babies", those babies that are born to illegal immigrants in the United States and granted U.S. citizenship. What if the baby is born to one American parent and one illegal parent? The reason I ask is because my niece is having a baby and she is American (white) but the guy is illegal. Now the girl is worried that the guy will use the baby to get U.S. status. Can he do this? I heard they won't deport him because he has this baby here, but the baby has an American mother, so would it matter? It's not like both parents are illegal. Also, someone told her that if he pays child support for 7 years, he can qualify for U.S. citizenship. I have never heard these things before and wondered if anyone here had. Thanks.

2007-06-25 11:03:07 · 13 answers · asked by Anonymous in Politics & Government Immigration

The details are sketchy regarding my niece and this guy. He is kind of being there for her. Doesn't come around to see her or ask about this baby that is going to be born but he does send her some money every now and then. Seems like she feels he is trying to buy his right to be here by paying some money but not putting in the time. Add in to the equation that the last time she saw him, he was on his way out the door to buy a fake alien registation card. Yes, it's a real mess.

2007-06-25 11:19:59 · update #1

13 answers

PEOPLE will tell you and i many things mainly because they want feel important on issues they really no nothing about, just look at all the ugly responses most people give to the ones only asking for guidance through a tough problem, if you want to know about this issue i feel you should remember how the INS has been deporting moms and dads and little kids with no worry for their safety after its done, check with a real lawyer who deals in family immigration, they would most likely give a true answer,our country claims to be the first on the spot around the world when people need help, but don't look for that to be the case with immigrant spouses and American family immigration situations no matter how important it may be to your loved ones, remember to check with a law office on your problem so you know just what to do, i hope you find your way, I've been their too, I'm American with a Mexican wife and its not easy so good luck.

2007-06-25 11:35:41 · answer #1 · answered by JALISCO 2 · 0 0

Because one of the parents is a U.S. citizen, the child will automatically be considered an American citizen.

Here are some links so your niece can help her get her partner legal status. If he has been here for five years, he can apply for the naturalization process.

Since they're not married and he doesn't seem to be around much, I'd still suggest she try and help get him legal status - I don't know her situation, but it's always a plus when you can take your baby's father to court when he's being a deadbeat and not paying child support.

Check out the links I've provided you with, hopefully they help.

2007-06-25 18:15:53 · answer #2 · answered by ☆Bombastic☆ 5 · 1 0

The child is an American citizen by virtue of the mothers citizenship. Having the baby wont stop deportation for the father if he is caught. I dont think he can gain citizenship because of the child or that if he pays support for 7 years he can qualify. Check with an immigration lawyer.
Good Luck!

2007-06-25 18:13:45 · answer #3 · answered by mnwomen 7 · 2 0

That's different. One parent is a citizen. (Why do you have to emphasize that the mother is "white?" That has no bearing on this!) HOWEVER, if the dad is illegal, he can (AND SHOULD) get deported since he is a criminal for breaking the law. Even if they are married, he MUST return to his home country to start the paperwork.

The problem occurs when you have two illegal parents that sneak over the border to have a kid so the baby is a citizen and they hope that helps their citizenship issues.

Some pregnant mothers are "crowning" and they are helping her over the fence so the baby is born here. THAT'S WRONG!

The 14th amendment was intended to grant citizenship to the former slaves. It was NOT intended to give citizenship to the children of illegal alien criminals that are breaking our laws.

2007-06-25 18:14:29 · answer #4 · answered by JessicaRabbit 6 · 2 2

First of all, I'm wondering why is your niece about the father of the baby wanting to become a legal resident thanks to the baby. I mean, why did she even have sex with him if she's not interested in giving him any help? Besides, he is the father of the baby and it would be unfair to let the baby grow away from him.
Answering your question, the only way that the father can use the baby to become a legal resident is only if the baby makes the petition, so he would have to wait until this baby grows up and turns 21. Then the baby can make the petition for his father and the father can get a green card and after five years having the green card he can apply for the US citizenship.

2007-06-25 18:15:02 · answer #5 · answered by sweetie 4 · 0 3

He won't get special status for fathering a child, thank God. But if he is listed as the baby's father on the birth certificate, I don't know if he'd have visitation rights or if he could take the child out of the US. I think I'd be more worried about his influence on the child's life than vice versa.

2007-06-25 18:16:48 · answer #6 · answered by Ms.L.A. 6 · 1 1

They will deport the illegal if they chose to. They won't care if he has a kid here. They deport illegals all the time (both parents) and they have kids here. Then the kids get put into foster homes.

The illegals should think of this before they come here illegally. Put your kids first, not your wants.

2007-06-25 18:09:17 · answer #7 · answered by AveGirl 5 · 3 0

His fathering the baby will confer no special status or immigration benefit. If caught he will be deported no matter how many American children he has fathered. It happens every day.

2007-06-25 18:10:14 · answer #8 · answered by Yak Rider 7 · 3 0

You should probably consult with an immigration attorney. This is a complicated issue with lots of twists and turns.
Our current laws are from the days when people got married first then had babies.
So we need to rewrite our laws to deal with todays issues.

2007-06-25 18:16:23 · answer #9 · answered by Anonymous · 2 0

The baby, as the child of an American Citizen, is automatically a citizen.

Go to TheAttorneyStore.com and find an immigration lawyer in their directories. They are a Dallas based company.

2007-06-25 18:06:53 · answer #10 · answered by lundstroms2004 6 · 0 3

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