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Filed: AOS (apr) Country: Albania
Timeline
Posted

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?

AOS

AOS, EAD, AP mailed 3/13/07

AOS Appt-Fresno, CA 6/14/07

AOS APPROVED!!!!!!!!!!!!!!!!!

Green Card Received in the mail 6-29-07

Removal of Conditions

I-751 mailed 3/17/09

Card Received 7/11/09

Citizenship!!!!!

N-400 mailed 3/17/10

Interview 6/28/10

Oath 7/19/10

Sisters' I-130

I-130s mailed 8/14/10

checks cashed 8/23/10

Filed: K-1 Visa Country: Wales
Timeline
Posted
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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

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

Edited by Nikita2Charles

Gone but not Forgotten!

Filed: K-1 Visa Country: Wales
Timeline
Posted
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

No mention anywhere that she is in the position to be sponsored by a spouse.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted
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

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! :lol:

"diaddie mermaid"

You can 'catch' me on here and on FBI.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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