Immigrant illegal mother....American child

[nmsmith 4]

Whatever she does, the best thing for her to do is to be near the child's father. Where is he?

The man held his child once, for no more than a half hour, when he was born. And that was it.

[nmsmith 4]

How is the child an American if she's been here ten years and the child is 11?

Read.

Whatever she does, the best thing for her to do is to be near the child's father. Where is he?

Why would that be the best thing? He has met the child once at birth- thats it.

Why don't you spend some money on an immigration attorney, probably more than DIY.

Why don't I buy the Empire State building while I'm at it?

[nmsmith 4]

How is lawyer going to help?

She has been living illegally and that is the truth….next time when ppl wonder why they are given hard time at POE even when they are genuine… here is the reason.

I am not sure why she cannot return back to her home country where her family and friends are, she does not have to leave the kid in the foster care as suggested by the OP.

Kid can be taken to Italy and can grow up there with mother and atleast rest of her family.

I never understand why ppl think its rude when they ask ppl who entered the country illegally to return back to their country?

You never understand why people think its rude? Your avatar states you're Indian. What if someone told you whenever you had a problem "hey! just get on back to India!"? Legal or not there are people in this country who would GLADLY give you that answer as sad as that sounds.

As down as she may be here it would be worse for her back home- you think american job market is tough? Try Italian where S.S and Govt are literally useless and collapsing every couple of years. Legal or not these are PEOPLE not objects to ship back because you feel like it.

Unfortunately she doesn't have any options that she can exercise at this point. Short of marrying a US citizen, waiting for her sister's application to come through is her best option, although she might have trouble sorting that out if her sister no longer lives in the US, but that is a bridge yet in the distance, which to be crossed. As a last resort, her son can apply for her residence once he turns 21.

Although this was not part of the original question, it might behoove her to apply for a new passport at the Italian consulate, and here is a link to the Consulate in LA, although I believe all consulates follow the same procedure. http://www.italianazvc.org/passport.php that would ensure she is not without ID.

I wish her well and hope everything works out for her and son!

Thank you.

[nmsmith 4]

I don't understand why going back to Italy is not an option?!? How is she able to live here? Se can't work, has no SSN ... You should go shake hands with other people here on VJ that always say: going back to ... Is not an option. It's not a 3rd world country!!! Italy is amazing.

There is NO reason to get her a greencard. No ground nothing - an immigration lawyer can't help! He has NO CASE.

To all the people who call Italy "amazing" you are either an experienced tourist or a 1960s cinecitta cinefile with designer Mastroanni rose colored sunglasses on.

I just can't help but think what these responses would be like if she was not an undocumented immigrant from Europe... There are millions of people in this situation or similar and they don't really have options at a legitimate life in the US, with or without their USC children.

Her case doesn't seem so complicated, this seems to be exactly the scenario that USCIS is expecting when they deny tourist visas.

Also, how does she have a sister and no family...?

Its called death. It happens every now and again. "And then there were two..." etc etc. You've never heard of this concept?

[LIFE'SJOURNEY 970]

Sorry for asking but how is the child a USC if she has been in the US only 10 years and the child is 11 years of age. That means the child was born some place else; Or do you have your numbers incorrect?

[nmsmith 4]

No case and she is not eligible for anything. And why is it impossible to go back to Italy? Is it that much worse than staying in the country ILLEGALLY and unable to work and provide for the child?

Perhaps she should have thought twice before coming to stay in the country illegally and thought many more times before having a child she cannot support.

Sorry but I have zero sympathy for the mother but I do really pity the child.

Go home, Italy is a nice country, there is more or less equal opportunity for her there and she must have some family in Italy, no?

Hindsights 20/20. Thanks of your zero pity for another member of the human race but I really wasn't asking for that anyhow. No family.

[Dakine10 5,452]

Sorry for asking but how is the child a USC if she has been in the US only 10 years and the child is 11 years of age. That means the child was born some place else; Or do you have your numbers incorrect?

The OP only stated it has been over 10 years since the tourist visa expired. They didn't give an exact timeline. Based on that, it's possible the child is a USC and it's possible the child is not.

[nmsmith 4]

Sorry for asking but how is the child a USC if she has been in the US only 10 years and the child is 11 years of age. That means the child was born some place else; Or do you have your numbers incorrect?

Original post says "over ten years ago".

[LIFE'SJOURNEY 970]

The OP only stated it has been over 10 years since the tourist visa expired. They didn't give an exact timeline. Based on that, it's possible the child is a USC and it's possible the child is not.

Dakine10, I am asking the OP to clarify this is there something wrong with that? Correct advise cannot be offerred if you don't have a clear and correct information about the situation.

Since the OP is presently online correcting all above posts.

Law101 defines this....

Edited September 3, 2012 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

Original post says "over ten years ago".

Okay, so over ten years leaves alot open, hard to give usable information.

Good luck.

[Dakine10 5,452]

Dakine10, I am asking the Op to clarify this is there something wrong with that? Correct advise cannot be offerred if you don't have a clear and correct information about the situation.

Law101 defines this....

Nothing wrong with that, but the question has been asked several times without an answer.

Obviously the more information given, the more specific the answer can be, but failing that, I am trying to clarify based on the timeline that the child may be a USC. If the child is a USC, then that route to immigration will open up eventually. If not, that route will not become available. The question can still be answered without knowing that detail.