Child of us citizen

[Lilchiken 0]

Hi,

I have a question about a friend of mine. He is a US citizen who has a child here in the US living with him and his mom. His child was born in Mexico and for a family emergency which I am not much about they came here. The child doesn't have any documents or visa. So the child is undocumented and came here without a visa but his dad is a citizen so I am hoping there is something we can do to fix the child situation. The boy is 11 years old so I believe that forgives his unlawful presence. Has anyone have any idea what process the dad should do. He has talk to several immigration lawyers but they want to charge 8k for this process and I hope that since it is a minor and his dad is a citizen maybe we can help him out and guide him to do it by himself.

Any help will be appreciated.

[canadian_wife 1,822]

Is the father a natural born citizen or a naturalized citizen?

good luck

[Boiler 45,525]

How did he enter?

[JohnR! 5,495]

Here are the official USCIS guidelines as to how children of US citizens may derive citizenship through the parents. It will help answer half of the question and determine if the child is entitled to US citizenship.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

In the case the child is entitled to US citizenship he may indeed need a lawyer to square out the fact the kid entered the US without inspection. I don't think there is a way the USCIS can forgive that but a lawyer may help minimize any absence from the US the law may require.

Good luck!

[NigeriaorBust 4,087]

Entering without inspection bars gaining status ,being a minor there is no accrued overstay towards a bar. When the child was born was the father a USC ? How long ?

[aaron2020 11,651]

Hi,

This is not a DIY.

Your friend has created a legal mess for himself. The $8k will be well spent to fix his mistakes.

Best of luck.