Baby born in NY Mother with tourist visa. What to DO

[evelyn1140 18]

This is the situation my husband's friend(turkish) came to NY with a student visa, his GF has a tourist visa.They want to stay here since they just had a baby which is of course a US citizen. They have been going to a lawyer who told them he can help them. How? IDK but my knowledge from this site I know if she did stay more than she was (3 months max) which means she broke the law. I told my husband they don't have a chance to stay since they both have visa. They dont have anything to attach them here just the baby. I would like to ask it is a waiver they can ask?

[belinda63 3,046]

Child can petition for the parents when the child turns 21. Lawyer is milking for money. Have them ask the attorney for specifics of what he will be applying for.

[Merrytooth 5,748]

The baby which is US citizen could petition for parents when he/she is 21 years old.

http://www.uscis.gov/family/family-us-citizens

[evelyn1140 18]

my husband told me they are applying in ICE

[evelyn1140 18]

The baby which is US citizen could petition for parents when he/she is 21 years old.

http://www.uscis.gov/family/family-us-citizens

I told him that too.

[Merrytooth 5,748]

Your husband's friend with student visa could pursue a working visa H1B (finding an employer to sponsor H1B visa) after graduation.

The H1B visa could lead to an employer sponsored green card path later on.

But the GF has no path to stay in US currently, just because she has US Citizen Baby ~ normally called Anchor baby.

Edited January 6, 2014 by Merrytooth

[evelyn1140 18]

Thanks everyone for you input.

[Jawaree 718]

That baby is referred to by some politicians as anchor babies

even though both parents had student visas, no atty can help

unless the boyfriend gets a working visa and he marries her. the

baby cannot petition them until age 21, that atty is not being

honest to them.