Advice for a friend

[orimai 2]

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

[riblet 0]

As far as I know, your wife's cousin has no grounds to stay in the U.S. And if she wants to be able to visit the U.S. she should avoid overstaying her visitor visa by more than 6 months.

Having a child in the U.S. is not enough. My brother-in-law recently had to leave the U.S. even though he and his wife had a baby there - his wife, the U.S. citizen cancelled his Adjustment of Status petition when she decided to leave him. He had basically no grounds to stay apart from arguing hardship to his baby.

Maybe someone else will have a different perspective, but I don't think there's much hope.

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

[orimai 2]

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

Yeah I kind of figured there is not much hope. I think she is going to try and file an adjustment of status. It's hard to tell her those things because she is my wife's cousin and I really don't know allot about all of this stuff. One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place. Not sure if that would have any effect on her situation or not?

orimai

[meauxna 15]

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

Yeah I kind of figured there is not much hope. I think she is going to try and file an adjustment of status. It's hard to tell her those things because she is my wife's cousin and I really don't know allot about all of this stuff. One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place. Not sure if that would have any effect on her situation or not?

orimai

First: why would you, or she, think she can become a citizen? One must begin as a Permanent Resident first.

Second: on what basis does she plan to apply to adjust status? Ask her which category she fits at the beginning of the application.

Her mother can not petition for her for an immediate immigrant number.

Her child can not petition for her until the child is 21 years old.

She needs to go home, or live here illegally. Unless she has some other basis for immigrating, she is wasting her money and time to apply for benefits.

[diadromous mermaid 36]

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

Yeah I kind of figured there is not much hope. I think she is going to try and file an adjustment of status. It's hard to tell her those things because she is my wife's cousin and I really don't know allot about all of this stuff. One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place. Not sure if that would have any effect on her situation or not?

orimai

First: why would you, or she, think she can become a citizen? One must begin as a Permanent Resident first.

Second: on what basis does she plan to apply to adjust status? Ask her which category she fits at the beginning of the application.

Her mother can not petition for her for an immediate immigrant number.

Her child can not petition for her until the child is 21 years old.

She needs to go home, or live here illegally. Unless she has some other basis for immigrating, she is wasting her money and time to apply for benefits.

Agreed. She has no basis for adjustment and would be resigned to remain illegally and would be subject to removal if discovered. I hope this wasn't a case of the "anchor baby" angle.

[orimai 2]

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

Yeah I kind of figured there is not much hope. I think she is going to try and file an adjustment of status. It's hard to tell her those things because she is my wife's cousin and I really don't know allot about all of this stuff. One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place. Not sure if that would have any effect on her situation or not?

orimai

First: why would you, or she, think she can become a citizen? One must begin as a Permanent Resident first.

Second: on what basis does she plan to apply to adjust status? Ask her which category she fits at the beginning of the application.

Her mother can not petition for her for an immediate immigrant number.

Her child can not petition for her until the child is 21 years old.

She needs to go home, or live here illegally. Unless she has some other basis for immigrating, she is wasting her money and time to apply for benefits.

Well first off, she is my wife's relative so I am handling this with kid gloves. I don't know enough to make any assessment on whether or not she can become a resident or not, thats why I am posting my questions here. I am not sure why she thinks she can fill out an adjustment of status and thats another reason I wanted to ask in here. I have no idea what basis she would apply, I will ask next time we talk about the catergory.

I was just trying to figure out some basic information and confirm my feelings that she wont be able to stay or change her status. Yes, it makes me upset that she is there illegally when we are here fighting and suffering to do our case legally and through the normal channels. I just pitty her husband who is stuck in the Philippines without her or there newborn son and she has no intentions to come back. I am sure he has no chance of getting in legally now that his wife pulled this stunt.

orimai

[Boiler 45,519]

Divorce her husband

Marry a USC

Simple

[kitkat1 5]

Just explain to her what Meauxna posted. Status is adjusted based on the relationship to a qualifying relative. She has no basis to adjust her status - she is not the spouse of a US citizen and neither her mother or her child can help her with anything immediate. (It could be much more than a 10 year wait for an immigrant visa number as the child of a permanent resident and 21 years until her child could petition for her).

Citizenship is not an option until she has been a legal permanent resident for at least three years (as a spouse) and normally five years. She doesn't have any way in which to become a citizen - this is not an option for her - period.

If she has already overstayed her visa, her smartest move would be to go home now, especially if it has been less than six months. Otherwise, she'll face repercussions in the future with any type of visa application due to the overstay.

[Boiler 45,519]

I am sure he has no chance of getting in legally now that his wife pulled this stunt.

orimai

What basis does he have to immigrate?

All the ones that I can think of would be OK if his wife was here illegally.

[orimai 2]

I am sure he has no chance of getting in legally now that his wife pulled this stunt.

orimai

What basis does he have to immigrate?

All the ones that I can think of would be OK if his wife was here illegally.

Well his wife is there illegally. She is overstayed by 2 friggin years! Her mom is there legally for quite some time to an american.

I talked to her last night and she said she has no intention to go back and will lie on her paperwork. So of course now I have lost all respect for her and I refuse to even visit her once Mai and I get back to the US. Just makes me sick. If I get her address can I help get her deported? hehehe

Orimai

[meauxna 15]

Well his wife is there illegally. She is overstayed by 2 friggin years!

Oh heck, you didn't add that part.

Now she only has to wait 19 years for her kid to petition her.

Don't sweat it; you know what you did is right and that's all you can be in charge of. I know it's hard when it's family, but it sounds like that is a branch of the family that you don't need to be very close to.

Travel safe.

PS: the ICE contact info is at the bottom of every VJ page. But don't expect them to show up at her door tomorrow.

[diadromous mermaid 36]

Well his wife is there illegally. She is overstayed by 2 friggin years!

Sounds more and more like she is hedging her bets that the US born child will help her to remain, perhaps this was the initial intent of the visit after all!

Edited February 1, 2007 by diadromous mermaid

[Boiler 45,519]

Well his wife is there illegally. She is overstayed by 2 friggin years!

Sounds more and more like she is hedging her bets that the US born child will help her to remain, perhaps this was the initial intent of the visit after all!

Quite possibly - would not be the fist time, hanging her hopes on CIR?

But still has no impact on his immigration opportunities.

[Michelle_Otman 0]

found out today that an illegal immigrant can walk into a wisconsin human service office with her american child and receive all the bennys possible. i dont know if it different in the other states. but that is what a case worker told me today. i figured that,but didnt hear it from the horses mouth until today.

[Cali Gal CPA 0]

I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen.

orimai

One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place.

orimai

People who pull a stunt like this makes it harder for the rest of the Filipinos to get US tourist visas. When I was about 8yo, we had a neighbor who went to the US to "visit" her brother. She never came back. She left her husband and 3 sons. I heard that she got married to a USC, how could this be when she was still married to her husband in the Philippines? This was back in the late 80's, so I guess tracking records across the globe wasn't as easy as it is today.

I'd say give ICE a call.