Illegal Immigrant mom with a 2 months old child

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I have a friend who has a 2months old baby that is legal since she was born here in the states. Mom was on B1/B2 Tourist visa that expired in November, 2014. Father is not a U.S. citizen, neither in the U.S. and doesn't claim or want anything to do with child. Single-mom can't go back to her country of origin because her family over there has rejected her and her 'unwanted pregnancy-child'

Attorney Answers

4
Luis Toribio ·
Your friend may be able to legalize her status. However, she will need to consult an immigration attorney to fully diagnose her situation and present a solution.
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Wendy Barlow ·
Having a child born in the United States does not convey immigration status to the patent. A child cannot petition for a parent until he/she reaches the age of 21. Your friend may have options given her family's rejection but more information is needed about what that means and what would happen if she we're to return. Your friend should consider consulting an attorney for a case-specific assessment.
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Irina Kogan ·
She might consider talking to an immigration attorney and exploring a possibility of applying for asylum.
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Glenn Johnston ·
The mother is still out of status. Having an anchor baby that has citizenship does not confer status on her. She may still be deported. The fact that her family has rejected her is not relevant to her immigration status, and it does not make her a refugee or eligible for political asylum. She needs to sit down with an immigration attorney to discuss her options to bring her status up to date, or to make a plan to return to her home country or to leave the United States if she cannot find a path to eligibility.
0 upvotes