hi, one of my friends is not an american citizen but she has a baby that was born in the U.S. and her visa is about to expire.But she wants her baby to live in the U.S. .But she want to stay here with the baby and not put it in an orphanage.And her baby has the right to stay in the U.S. so would she also have the right to stay here because of her baby???or will she get deported.please answer as fast as possible and if you are sure about what you are saying please give a reffrence.
sincerely
2007-12-09 13:08:17 · 11 answers · asked by Anonymous in Politics & Government ➔ Immigration
she needs to apply for permanent residency with INS
2007-12-09 13:18:05 · answer #1 · answered by worldstiti 7 · 3⤊ 4⤋
At the age of 21, sons and daughters who are U.S. citizens can petition for their parents . Someone who is 21 years old is not considered a child for immigration purposes.
If you have U.S. citizen children, they cannot petition for you until they are 21. Form I-130 is used by U.S. citizens to petition. Here is what the instructions on the form say:
If you are a U.S. citizen, you may file this form for:
A. Your husband or wife
B. Your unmarried child under age 21
C. Your unmarried son or daughter age 21 or older
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older)F. Your mother or father (you must be age 21 or older)
As you can see, the "child" must be 21 to petition for the parents. At this moment, your friend has no "right" to be in the U.S. just because her child has a right to live in the U.S.
If she stays in the U.S. longer than authorized, she will be subject to deportation. The consequences of a formal removal is a 10-year bar. She would not be eligible to enter the U.S. for 10 years following her ordered removal.
Anchor babies, like your friend's, in addition to receiving immediate citizenship and government benefits, will also be entitled to sponsor the immigration of family members residing outside of the U.S borders upon the attainment of age 21, but that's it.
2007-12-09 21:29:27 · answer #2 · answered by Fred S 7 · 3⤊ 0⤋
I'd advise her not over-stay her Visa; it will cause many problems for her. She may be able to extend her Visa, you can find the forms at www.uscis.gov . If not, she needs to leave the country and apply for a new Visa, or apply for re-entry.
To get a long term Visa, she'll need an immediate family member who is a US Citizen (parent or sibling), or marry a US Citizen, or get a US employer or US school to sponsor her.
2007-12-09 21:59:48 · answer #3 · answered by Ellis Wyatt 5 · 1⤊ 0⤋
She has the right to take her anchor baby back to her own country BEFORE her visa expires.
She has no additional rights becaused she gave birth on American soil. The child is a citizen, but she is not and gets no benefits.
2007-12-09 22:54:52 · answer #4 · answered by Anonymous · 3⤊ 0⤋
The parents CANNOT stay here to raise her baby. IF she has to leave, she can take the child with her.
The child can petition the parents to emigrate to USA when the child reaches age 21.
2007-12-10 07:06:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Take her baby and her lawsuit out of this country. My family is going broke because of people like her.
The hell if they get any tax many before my legal family does.
I know soooooooo many people who are ready to take what ever means necessary to keep illegals out and to protect their legal American families from unemployment!
2007-12-10 00:57:34 · answer #6 · answered by jobgonetocheaplabor 3 · 0⤊ 0⤋
Just because she has a US Citizen baby, she doesn't get any status given. She needs to consult a good immigration lawyer, who may have more knowledge on options. You can get list of immigration attorneys, check American Immigration Attorney Association. www.aila.com. Good luck.
2007-12-09 21:25:00 · answer #7 · answered by pianojangee 7 · 3⤊ 2⤋
JACKPOT ! ...as in jack bot baby. Who the hell do you think you are kidding? Are you trying to be funny?
Your skanky friend needs to leave the country and she needs to take her Anchor Baby with her... it will not stick. The Chain Migration Law will be struck down by the time your friend is ready to cash in on her Jack Pot Baby's generosity. Hardly worth it, was it.
PS
The word is, "Urgent".
2007-12-09 21:38:21 · answer #8 · answered by Anonymous · 5⤊ 1⤋
Your friend should contact an Immigration lawyer and go from there. She's here legally at the moment so who knows. An immigration lawyer would be able to help her with the laws better than someone on YA could.
Oh, and for your friend.... thank you for coming the right way. Good luck
2007-12-09 21:50:01 · answer #9 · answered by Lev8mysoul 6 · 2⤊ 4⤋
YOU PEOPLE ARE ALL JACKASSES FOR ONE THEY SAID SHE HAS A VISA SO SHE HAS A RIGHT TO BE HERE. AT THIS TIME. TELL HER TO CONCTACT A LAWYER TO GET HELP.
2007-12-10 10:07:07 · answer #10 · answered by mi_amor_69_77 2 · 0⤊ 2⤋
she SHOULD have the right to stay, but then she will become illegal. no big deal at least she has a good reason. well all illegals do really. dont see why people would call her a skank. there are many people stuck here like that, amnesty is coming though, hang on.
2007-12-09 22:40:46 · answer #11 · answered by simasu01 3 · 0⤊ 7⤋