B2 overstay and US citizen baby

[nekotakacho 60]

My brother in law and his wife entered the US earlier this year on B2 visas. Within a week upon entry, my bro in law had a Texas drivers license, and it was only valid for the dates on his visa. He planned to leave originally. They had their baby in June, but we no longer speak to them. We hear this information through the family back home.
 

Fast forward now, he has decided to overstay the visa, and have petitioned (w/ a lawyer) to remain here. They use coronavirus and the newborn as the reason to not go back home, and remain here.
 

I read on the USCIS website that a US citizen can sponsor their parents only if they are over 21 years old, which obviously this newborn baby is not. 

 

This is the USCIS website regarding sponsorship:

https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

 

Is it still possible they appeal and get a green card or citizenship or even granted to stay in the USA? We are hoping they just go home but it seems they have other plans.
 

What is their options? Can they be deported? Obviously the newborn baby cannot be deported.

 

I think they have to wait for a judgement before being technically status of overstay now? Am I able to do anything to stop their application,  or contact USCIS about it? 
 

** also, this might be better off posted in the family forum instead??

Edited December 4, 2021 by nekotakacho

[Coco8 1,042]

They can get an extension of their B2 for a couple of months. But they won't get a green card or anything.

 

It's difficult to say whether they'll grant the B2 extension. Maybe because there's a lawyer involved it has a bit more chance. Some people that applied during lockdown had been granted extensions.

 

Edited December 4, 2021 by Coco8

[Mike E 11,732]

IMHO they are going to end up with a multi year ban.  

[Crazy Cat 41,291]

4 hours ago, nekotakacho said:

My brother in law and his wife entered the US earlier this year on B2 visas. Within a week upon entry, my bro in law had a Texas drivers license, and it was only valid for the dates on his visa. He planned to leave originally. They had their baby in June, but we no longer speak to them. We hear this information through the family back home.
 

Fast forward now, he has decided to overstay the visa, and have petitioned (w/ a lawyer) to remain here. They use coronavirus and the newborn as the reason to not go back home, and remain here.
 

I read on the USCIS website that a US citizen can sponsor their parents only if they are over 21 years old, which obviously this newborn baby is not. 

 

This is the USCIS website regarding sponsorship:

https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

 

Is it still possible they appeal and get a green card or citizenship or even granted to stay in the USA? We are hoping they just go home but it seems they have other plans.
 

What is their options? Can they be deported? Obviously the newborn baby cannot be deported.

 

I think they have to wait for a judgement before being technically status of overstay now? Am I able to do anything to stop their application,  or contact USCIS about it? 
 

** also, this might be better off posted in the family forum instead??

They are headed for trouble.  I see no grounds for them to legally remain in the US as immigrants.   Yes, they can be removed after the expiration of their I-94s.  They need to go home. 

Edited December 4, 2021 by Crazy Cat

[Boiler 44,947]

5 hours ago, nekotakacho said:

Fast forward now, he has decided to overstay the visa, and have petitioned (w/ a lawyer) to remain here.

They have probably filed to extend their stay. The only other thing that comes to mind is Asylum.

 

Hopefully they paid all their medical costs.

[Adventine 3,189]

Is the brother-in-law and wife in this Dec 2021 thread the same as the friend mentioned in this Mar 2021 thread?

 

 

 

[iwannaplay54 985]

6 hours ago, nekotakacho said:

My brother in law and his wife entered the US earlier this year on B2 visas. Within a week upon entry, my bro in law had a Texas drivers license, and it was only valid for the dates on his visa. He planned to leave originally. They had their baby in June, but we no longer speak to them. We hear this information through the family back home.
 

Fast forward now, he has decided to overstay the visa, and have petitioned (w/ a lawyer) to remain here. They use coronavirus and the newborn as the reason to not go back home, and remain here.
 

I read on the USCIS website that a US citizen can sponsor their parents only if they are over 21 years old, which obviously this newborn baby is not. 

 

This is the USCIS website regarding sponsorship:

https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

 

Is it still possible they appeal and get a green card or citizenship or even granted to stay in the USA? We are hoping they just go home but it seems they have other plans.
 

What is their options? Can they be deported? Obviously the newborn baby cannot be deported.

 

I think they have to wait for a judgement before being technically status of overstay now? Am I able to do anything to stop their application,  or contact USCIS about it? 
 

** also, this might be better off posted in the family forum instead??

This will end in deportation and a multi-year ban

[Crazy Cat 41,291]

In a previous thread, it appeared these tourists had jobs and commitments which required them to return home.  

[millefleur 5,043]

7 hours ago, nekotakacho said:

Can they be deported? Obviously the newborn baby cannot be deported.

The baby can't be deported but what are their plans if they end up deported? Just abandon their child in the US, and with whom? 

 

They have no path to legally stay here long term and there is no path to permanent residence/a green card. They can be deported and end up up with a multi year ban as others have mentioned. 

[Timona 4,185]

Got a driver's license within one week? Aaahhh this guy planned to overstay even before stepping in the US. Because, how'd he know how to obtain the license, what he needs and where to go to get one, all within a week?

Edited December 4, 2021 by Timona

[aznhouston 124]

The baby is called anchor baby. It happens all the time. The husband usually has to leave, but the mom may be able stay as the baby (who is a US citizen) needs care and support.  

[Boiler 44,947]

I am sure there is a plan, look at the build up.

 

Now what the plan was and whether it was practical is another issue.

[aznhouston 124]

https://uscode.house.gov/view.xhtml?req=(title:8 section:1101 edition:prelim) OR (granuleid:USC-prelim-title8-section1101)&f=treesort&num=0&edition=prelim

 

In the "special immigrant", it does say 

Quote

(ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; and

 

I can't think of the top of my head but there's a similar definition that says it's not in the best interest of a US citizen if we remove the parents. But in general, it's easier for the mom to stay. 

 

I'm not a lawyer and don't get paid to do the job, so I don't search further.

Edited December 4, 2021 by aznhouston

[aznhouston 124]

I personally know a person who got married to the US citizen husband, had a child, got divorced. Her AOS got denied, but since she got the full custody of the child, she's able to stay to take care of the baby. The father doesn't have good  income, so she is able to work and receive govt support for the child.

 

It'll be a long journey as they have to wait for the baby to grow up and has good income to file for their GC.

[Unlockable 7,314]

45 minutes ago, aznhouston said:

I personally know a person who got married to the US citizen husband, had a child, got divorced. Her AOS got denied, but since she got the full custody of the child, she's able to stay to take care of the baby. The father doesn't have good  income, so she is able to work and receive govt support for the child.

 

It'll be a long journey as they have to wait for the baby to grow up and has good income to file for their GC.

That means nothing. Staying here doesn't mean she is legal. This is the biggest misconception people make. They think that just having a baby gives them legal authorization to stay in the US. No. All it does is allowed them to not be immediately deported. She wasn't just "allowed" to start here.

 

What happened in the story you told is that the mother is here... but isn't legal.