Full Version: Baby born in USA by foreigner with Visitor VISA
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If someone is here in the USA on a visitor VISA and have a baby it is automatically a US citizen. Can paper work then be filled out (AOS) to allow the parent to stay or do you have to wait until the baby is a legal adult of 18 to file?
QUOTE(Creel @ Mar 15 2007, 05:08 PM) 
If someone is here in the USA on a visitor VISA and have a baby it is automatically a US citizen. Can paper work then be filled out (AOS) to allow the parent to stay or do you have to wait until the baby is a legal adult of 18 to file?
21
The age at which a child can sponsor a parent.
The baby is automatically a US citizen, The baby can not sponsor her parent until he/she is older 21per say but that's not an issue.
Who is the baby's Father? Does the mother has a fiancee here, is the person here the baby's daddy? lot of Ifs?
The issue
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
Who is the baby's Father? Does the mother has a fiancee here, is the person here the baby's daddy? lot of Ifs?
The issue
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
I dunno the legalities of such, but they're not called anchor babies for nowt.
I would assume it all comes down to intent at POE, but check with an immi lawyer
I would assume it all comes down to intent at POE, but check with an immi lawyer
QUOTE(Nikita2Charles @ Mar 17 2007, 12:09 PM)
The issue
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
No mention anywhere that she is in the position to be sponsored by a spouse.
QUOTE(Nikita2Charles @ Mar 17 2007, 01:09 PM)
The baby is automatically a US citizen, The baby can not sponsor her parent until he/she is older 21per say but that's not an issue.
Who is the baby's Father? Does the mother has a fiancee here, is the person here the baby's daddy? lot of Ifs?
The issue
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
Who is the baby's Father? Does the mother has a fiancee here, is the person here the baby's daddy? lot of Ifs?
The issue
Did the parent came here as a visitor with the intention to go back, or did the parent use the tourist visa as a way to migrate to the US. if that's the case then it's complicated there's no crime committed she can go back and you can file for her but the baby don't need any processing as it's a us citizen. IF she had not intent to stay then you can file for AOS for her to stay here in the US. it all comes down to INTENT
For best advice get a lawyer whose familiar with immigration process
If the tourist remains on US soil after the birth and expiration of whatever non-immigrant visa he or she used, one might safely presume that giving birth on US soil might have been some sort of plan to future residency. Mind you, I'd guess that after 21 years of waiting to legally adjust status, no one is going to give a hoot about their intent at entry by that time!
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