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Child is citizen; person is overstayed

#1 turtle74

turtle74

    Member

  • PipPipPipPip


Posted 19 April 2007 - 03:43 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?
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Her I-130
1-16-2007 sent
1-19-2007 NOA1
2-1-2007 Touch
4-30-2007 Approved

Her I-129F
1-23-2007 sent (but sent it to Vermont)
2-16-2007 resent a new package
2-26-2007 NOA1
3-2-2007 NOA1 (The one I sent to Vermont...Ugh)
3-2-2007 Sent to Vermont
3-6-2007 Went to "Satelitte Center" to talk about having 2 I-129Fs
3-7-2007 Touch
3-9-2007 Touch
3-12-2007 Touch
3-12-2007 Sent to Vermont
3-13-2007 Touch
3-14-2007 Touch
4-30-2007 Both approved
5-04-2007 The One I sent to Vermont is the one the goes to embassy from NVC

#2 MissStacey

MissStacey

    Stacey



Posted 19 April 2007 - 04:04 PM

In a case like that- a good Immigration Attorney would be the best course of action.
  • 0

#3 meauxna

meauxna

    Read More - Post Less: Google is your friend!



Posted 19 April 2007 - 04:36 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.
  • 0
Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....


Here are more links that I love:
Arriving in America, The POE Drill
Dual Citizenship FAQ

Other Fora I Post To:
alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com
censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?
Met, married, immigrated, naturalized.
I-130 filed Aug02
USC Jul06
No Deje Piedras Sobre El Pavimento!

#4 lucyrich

lucyrich

    Titanium member



Posted 19 April 2007 - 04:40 PM

The parents don't get any special immigration benefit as a result of having a US Citizen child. Under current law, they may wait until the child turns 21, and then the child may file a petition for them. At that time, they'd have to meet admissibility requirements. An overstay would generally subject them to a three or ten year bar, depending on how long the overstay was. I don't have a crystal ball, but my suspicion is that immigration laws will change sometime in the next 21 years, so who knows what the actual procedure might be by then. It's possible there will be no avenue for the child to petition for the parents at that time.

I don't know how Congress might change immigration law, but I suspect they will continue the present concept of avoiding incentives for people to have babies in order to gain immigration status. There would be political uproar and backlash if they changed the law to say, "Giving birth to a US Citizen child automatically gives anyone a legal path to citizenship".

As for the child, he's a USC because he was born here, and that status is irrevocable (14th Amendment to the US Constitution). The child might have also inherited the citizenship of his/her parents, depending on the laws of the parents' country(ies).

The parents may be deported if caught. There have been recent publicized cases similar to this. When the parents are deported, they may take the children with them back to their home country if the children have the right to go to that country according to the home country's laws. Or the children may be placed into foster care in the US. Either way, it's not a pretty situation, especially if the children don't speak the language of their parent's country.
  • 0
04 Apr, 2004: Got married
05 Apr, 2004: I-130 Sent to CSC
13 Apr, 2004: I-130 NOA 1
19 Apr, 2004: I-129F Sent to MSC
29 Apr, 2004: I-129F NOA 1
13 Aug, 2004: I-130 Approved by CSC
28 Dec, 2004: I-130 Case Complete at NVC
18 Jan, 2005: Got the visa approved in Caracas
22 Jan, 2005: Flew home together! CCS->MIA->SFO
25 May, 2005: I-129F finally approved! We won't pursue it.
8 June, 2006: Our baby girl is born!
24 Oct, 2006: Window for filing I-751 opens
25 Oct, 2006: I-751 mailed to CSC
18 Nov, 2006: I-751 NOA1 received from CSC
30 Nov, 2006: I-751 Biometrics taken
05 Apr, 2007: I-751 approved, card production ordered
23 Jan, 2008: N-400 sent to CSC via certified mail
19 Feb, 2008: N-400 Biometrics taken
27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)
30 May, 2008: Naturalization interview, passed the test!
17 June, 2008: Naturalization oath notice mailed
15 July, 2008: Naturalization oath ceremony!
16 July, 2008: Registered to vote and applied for US passport
26 July, 2008: US Passport arrived.

#5 Boiler

Boiler

    Ancient Member



Posted 19 April 2007 - 06:29 PM

The parents may be deported if caught. There have been recent publicized cases similar to this. When the parents are deported, they may take the children with them back to their home country if the children have the right to go to that country according to the home country's laws. Or the children may be placed into foster care in the US. Either way, it's not a pretty situation, especially if the children don't speak the language of their parent's country.


In practice the Mothers are usually pretty safe, you will go a very long way to find an example of a Mother who has a USC Child being deported.

In fact there was a local story a year or so ago of a woman who was trying to surrender to ICE to go before an IJ. ICE did not want to know.
  • 0

Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.


#6 kitkat1

kitkat1

    The Original KitKat and Queen of Accurate Waiver Information



Posted 19 April 2007 - 06:39 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.



:thumbs:

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.
  • 0

#7 meauxna

meauxna

    Read More - Post Less: Google is your friend!



Posted 19 April 2007 - 06:52 PM

In practice the Mothers are usually pretty safe, you will go a very long way to find an example of a Mother who has a USC Child being deported.



Ooh, they did one here in Oregon a ways back--she was still nursing and they bounced her back. Much uproar and hand wringing and she was amazingly back inside of two weeks.
Married to a USC tho, not just on the kid's back.
  • 0
Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....


Here are more links that I love:
Arriving in America, The POE Drill
Dual Citizenship FAQ

Other Fora I Post To:
alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com
censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?
Met, married, immigrated, naturalized.
I-130 filed Aug02
USC Jul06
No Deje Piedras Sobre El Pavimento!

#8 lucyrich

lucyrich

    Titanium member



Posted 20 April 2007 - 11:49 AM

The parents may be deported if caught. There have been recent publicized cases similar to this. When the parents are deported, they may take the children with them back to their home country if the children have the right to go to that country according to the home country's laws. Or the children may be placed into foster care in the US. Either way, it's not a pretty situation, especially if the children don't speak the language of their parent's country.


In practice the Mothers are usually pretty safe, you will go a very long way to find an example of a Mother who has a USC Child being deported.


That may have been true in the past, but operation "Return to Sender" has been active in the past month or two. They've definitely been deporting mothers of US Citizens recently. And under current law, they have the legal right and obligation to do so.

See this AP Story, for example, or this one, or here, or here.
  • 0
04 Apr, 2004: Got married
05 Apr, 2004: I-130 Sent to CSC
13 Apr, 2004: I-130 NOA 1
19 Apr, 2004: I-129F Sent to MSC
29 Apr, 2004: I-129F NOA 1
13 Aug, 2004: I-130 Approved by CSC
28 Dec, 2004: I-130 Case Complete at NVC
18 Jan, 2005: Got the visa approved in Caracas
22 Jan, 2005: Flew home together! CCS->MIA->SFO
25 May, 2005: I-129F finally approved! We won't pursue it.
8 June, 2006: Our baby girl is born!
24 Oct, 2006: Window for filing I-751 opens
25 Oct, 2006: I-751 mailed to CSC
18 Nov, 2006: I-751 NOA1 received from CSC
30 Nov, 2006: I-751 Biometrics taken
05 Apr, 2007: I-751 approved, card production ordered
23 Jan, 2008: N-400 sent to CSC via certified mail
19 Feb, 2008: N-400 Biometrics taken
27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)
30 May, 2008: Naturalization interview, passed the test!
17 June, 2008: Naturalization oath notice mailed
15 July, 2008: Naturalization oath ceremony!
16 July, 2008: Registered to vote and applied for US passport
26 July, 2008: US Passport arrived.

#9 Boiler

Boiler

    Ancient Member



Posted 20 April 2007 - 12:00 PM

ICE spokesman Marc Raimondi said all immigrants arrested by ICE are interviewed to determine if they are the sole parent of their children. ICE then can grant humanitarian releases

From your first link, I do not have time to look at the others.

I did not say it never happened, just so rare that when it does happen its news.
  • 0

Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.




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