children born in U.S.

[krisk 0]

Maybe someone can anwser this for me or at least point me in the direction. I have a friend who is here illegally. she has been here for over 7 years and has had 2 chlidren born here. there father is illegal also they are both from colombia. she is now trying to marry any man she can just so she can get her greencard so she can work, and not have to worry about being deported and also so she can go visit her parents back home. I tried to explain to her (and i may be wrong) but since her children are citizens it should be easier for her to get her citizenship that way than a marriage visa. The way im working this out in my head is. they can not kick two american citizens out of the country and they can not kick her out with out her children.... SO where does that leave her. HERE. But this is all my idea and i have not been able to show her solid proof which i am trying to do before she gets herself in trouble by a fake marriage.

Thanks for your help

[chocolaterie 0]

I believe the children have to turn 21 before they can petition her to legally stay. I'm sure someone on here can either correct or confirm this.

[krisk 0]

i did find that on USCIS website but what happens between now and then is what i cannot find a anwser for.

[chocolaterie 0]

i think they continue to be illegal... that's what seems to happen. i'm trying to find out more.

"While there is no formal policy that forbids DHS from deporting the illegal-alien parents of children born in the U.S., they rarely are actually deported. In some cases, immigration judges make exceptions for the parents on the basis of their U.S.-born children and grant the parents legal status. In many cases, though, immigration officials choose not to initiate removal proceedings against illegal aliens with U.S.-born children, so they simply remain here illegally."

http://www.numbersusa.com/interests/birthr...citizenship.htm

[yogib37 3]

Maybe someone can anwser this for me or at least point me in the direction. I have a friend who is here illegally. she has been here for over 7 years and has had 2 chlidren born here. there father is illegal also they are both from colombia. she is now trying to marry any man she can just so she can get her greencard so she can work, and not have to worry about being deported and also so she can go visit her parents back home. I tried to explain to her (and i may be wrong) but since her children are citizens it should be easier for her to get her citizenship that way than a marriage visa. The way im working this out in my head is. they can not kick two american citizens out of the country and they can not kick her out with out her children.... SO where does that leave her. HERE. But this is all my idea and i have not been able to show her solid proof which i am trying to do before she gets herself in trouble by a fake marriage.

Thanks for your help

boy oh boy,, this is not sounding good.. she is married to someone and wants to marry a USC just to get a green card. Sounds like fraud to me.

Even she does find someone to do it, she still can be deported cause you can't married to envade deportation.

she best just leave.

[krisk 0]

boy oh boy,, this is not sounding good.. she is married to someone and wants to marry a USC just to get a green card. Sounds like fraud to me.

Even she does find someone to do it, she still can be deported cause you can't married to envade deportation.

she best just leave.

She is not currently married just has a boyfriend

[Boiler 44,858]

Best bet is the amnesty.

Despite popular belief there is no such thing as anchor babies.

I have read several accounts of ICE raiding factories and deporting the illegals. With children wondering where the parents are to pick them up.

Of course no USC can be deported, with young children you would have thought however that the parents would take them with them.

Amnesty excepted even if she married a USC and got away with it, she still would need to return to Columbia for a K3/CR1 interview, be denied, and for her 'husband' to file a waiver for her overstay.

[eau_xplain 2]

Best bet is the amnesty.

Despite popular belief there is no such thing as anchor babies.

I have read several accounts of ICE raiding factories and deporting the illegals. With children wondering where the parents are to pick them up.

Of course no USC can be deported, with young children you would have thought however that the parents would take them with them.

Amnesty excepted even if she married a USC and got away with it, she still would need to return to Columbia for a K3/CR1 interview, be denied, and for her 'husband' to file a waiver for her overstay.

This is true, especially if your friend entered the country illegally (no inspection).

[zyggy 9]

Best bet is the amnesty.

Despite popular belief there is no such thing as anchor babies.

I have read several accounts of ICE raiding factories and deporting the illegals. With children wondering where the parents are to pick them up.

Of course no USC can be deported, with young children you would have thought however that the parents would take them with them.

Amnesty excepted even if she married a USC and got away with it, she still would need to return to Columbia for a K3/CR1 interview, be denied, and for her 'husband' to file a waiver for her overstay.

This is true, especially if your friend entered the country illegally (no inspection).

Indeed.. she is not eligible to adjust status on any basis as she arrived in the US without inspection. THe only way that she could even make this work would be to go back to het home country and have the alien spouse to file for a K3 or CR-1 visa. Of course this will require a waiver as well in order to overcome her inadmissibility due to her illegal presence in the US...

And there is no such thing as an anchor baby.. ICE will happily deport an illegal, USC children or not..

Edited April 4, 2006 by zyggy

[meauxna 15]

Best bet is the amnesty.

Despite popular belief there is no such thing as anchor babies.

I have read several accounts of ICE raiding factories and deporting the illegals. With children wondering where the parents are to pick them up.

Of course no USC can be deported, with young children you would have thought however that the parents would take them with them.

Amnesty excepted even if she married a USC and got away with it, she still would need to return to Columbia for a K3/CR1 interview, be denied, and for her 'husband' to file a waiver for her overstay.

This is true, especially if your friend entered the country illegally (no inspection).

Indeed.. she is not eligible to adjust status on any basis as she arrived in the US without inspection. THe only way that she could even make this work would be to go back to het home country and have the alien spouse to file for a K3 or CR-1 visa. Of course this will require a waiver as well in order to overcome her inadmissibility due to her illegal presence in the US...

And there is no such thing as an anchor baby.. ICE will happily deport an illegal, USC children or not..

In case the OP ever comes back.. she never really stated that the woman or her husband Entered Without Inspection.

That will make a (small) difference as to her future.

[krisk 0]

she entered legally with a tourist visa. she just never went back.

[meauxna 15]

she entered legally with a tourist visa. she just never went back.

Ah, there you go then.

Not that it helps her any. A fraudulent marriage would still be fraudulent, but she wouldn't have to leave the US.

The children are of no benefit to her immigration-wise until they are 21 years old.

The boyfriend is in just as bad a pickle if not worse.

She should really consider just moving back home. She had her good time here, now it's time to go. She can see her mom all she likes then!

[sparkofcreation 0]

I wanted to add that I am not completely sure of this, but I think I've been told [by attorneys who work in this sort of thing] that, at least in New Jersey, being an illegal immigrant and having USC children is considered an automatic voluntary surrender of one's parental rights if one is deported. As in the state can assume custody of the kids and prevent the parent from taking them out of the US. (Not that it always does, or even usually does, but it can.) I may have misunderstood what the attorneys were saying, of course.

[iceyspots 0]

Well there goes another one who comes on a visitor visa and doesn't leave... That means the people in Columbia who are really going to come and LEAVE cant get their visas because of people like that.. And they will deport, whether you have kids or not.