QUOTE(meauxna @ Apr 19 2007, 04:36 PM)

QUOTE(turtle74 @ Apr 19 2007, 01:43 PM)

What would the procedure be if someone had overstayed their visa here (meaning they lived illegally in the US), but they had a child here. Even thought they have overstayed and work illegally, what happens to the kid? Or what happens to the parents? The child is a of course a US citizen because of being born in the US, but what are the choices for the parents?
Nothing changes for the parents' status because of the birth of a USC child.
Except that in 21 years, the child can petition for her parents.
If it made any difference that they had a child in the US, most of the illegal aliens in the US would already be legal.
If a person entered the country without inspection and had more than 180 days of illegal presence (this is not overstaying a visa if there was no visa to begin with) a relative, fiance or spouse has to petition for them. Once the petition is approved (illegal presence is not a bar to petition approval) they would need to return to their country, interview, be denied at the interview for the illegal presence and illegal entry, and submit a 601 waiver with a letter proving extreme hardship to the qualifying relative.
If the person entered on a legal visa and overstayed more than 180 days, a qualifying fiance or spouse could petition for them and they could adjust their status in the US.
That's how the law stands today. If immigration reform passes, this could change.