B2 overstay and US citizen baby

[SalishSea 17,664]

OP was told all of these things in previous posts about the intended birth tourism in this case…..

[belinda63 3,030]

Aslu is the only way I see they could hope to remain and get a green card but I don't see getting asylum with them being from Russia.

The reasons you stated, childbirth and Covid, sound like they applied for a B2 extension which may or may not be granted. I know when I gave birth in Germany my spouse had to extend his orders to allow for the CRBA and passport. 

Most likely ttje brother in law is already working illegally or with a fake social security card (ss card and driver's license is all you need for the I-9 and lie about being a US citizen:_ hence the need for a driver's license. 

Having a US citizen child will give them no benefit until the child turns 21.

I'm curious as to why the hired an attorney instead of just overstaying illegally so many people do. They are drawing attention to themselves by doing this. 

The only good outcome I see is the attorney will make some money.

[African Zealot 1,454]

They’re probably already in sham marriages or planning it. You’re most likely  out of the loop. I can bet my last dollar they’re not relying on Covid and the anchor baby for permanent residency.

[SalishSea 17,664]

43 minutes ago, African Zealot said:

They’re probably already in sham marriages or planning it. You’re most likely  out of the loop. I can bet my last dollar they’re not relying on Covid and the anchor baby for permanent residency.

If you read the OP's previous posts, this was planned for all along.

[Allaboutwaiting 2,503]

1 hour ago, Jorgedig said:

If you read the OP's previous posts, this was planned for all along.

And not that well planned to be honest. 🤪

[Gomast 65]

@nekotakacho - a few years ago, I was in Israel and my children who are USC were living with their mom in the US. I had two custody orders, one from the court in Israel and another from the court in Nevada. With that, I applied for a B1 tourist visa at the Israel consulate. My visa was denied. Having USC children is not an advantage in this case. Unfortunately, no one cares that parents would be separated from their children. It happens everyday. I don’t see a path for them for a green card, but if they decided to overstay, it could take years until they are deported. 

[Demise 1,259]

14 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??

There is cancellation of removal but that requires among other things 10 years of physical residence in US and "exceptional and unusually extreme hardship" to a US Citizen or Permanent Resident, Spouse, Parent, or Child.

 

So like, can they do something like this? Eventually. There's also a few other problems in that COR can only be sought from removal proceedings and being served a notice to appear before an immigration court stops the 10 year clock, and then there's also the problem that it's actually pretty damn hard to get placed into removal proceedings when you want to.

 

As it stands right now, they can probably sue their lawyer for malpractice after they get deported.

[Boiler 45,169]

If the lawyer has just filed to extend their B as seems likely well nothing wrong with that

 

i think you have to be a felon to be of interest to ICE now so unclear as to what the plans are 

[Boiler 45,169]

Then they can buy a Green Card

[millefleur 5,045]

28 minutes ago, nekotakacho said:

 

These people do not need to ever work. They are millionaires. They have more money than God. They don’t need social security because rich daddy back home has billions (not millions). 
 

They did intend to go back but we kicked them out of our house. Now they seem to want to stay longer but we do not really know their intentions as we do not speak directly with them anymore.

If they have that much money but they got kicked out of your house, seems like they're not really navigating life properly with the means they have.

 

Let them hire lawyers and try to figure it out on their own. I personally would not help anyone who is that rich and seems to willingly want to abuse the law. They can easily afford lawyers and professionals to help them.

 

If they have infinite money they'll figure out some way to get back here and/or stay here I guess. Doesn't seem like they need help or sympathy.

Edited December 5, 2021 by millefleur

[ineedadisplayname 480]

9 hours ago, Timona said:

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?

It is actually pretty simple to get a DL in the US if you have the right papers. Some states does not require proof of status and u can apply for a license.

Went to DMV, they told me which office to go for the testing and gave me a book to study from. Went next day to the place they told me to go,  took the written test and then the same afternoon the driving test. Walked out with a paper that I passed. Approx in 2 hours. (needed to wait for the driving test) My issue was that Missouri wanted to see a GC or EAD to actually issue the license, but had no issues with me taking the test.

Edited December 5, 2021 by ineedadisplayname

[millefleur 5,045]

54 minutes ago, nekotakacho said:

my hope is that they get deported and I hope I can help make that happen.

I'm not sure there is anything you can do other than report them to ICE here:

https://www.ice.gov/webform/ice-tip-form

Report Crimes, Suspicious Activity and Suspected Child Exploitation

ICE tip reporting by phone U.S. and Canada: (866) 347-2423
Other Countries Across the Globe: (802) 872-6199

https://www.ice.gov/contact

 

[SalishSea 17,664]

1 hour ago, nekotakacho said:

These people do not need to ever work. They are millionaires. They have more money than God. They don’t need social security because rich daddy back home has billions (not millions). 

Oh?  If so, why didn't they just do an investor visa, like normal people?  

 

Illegally present millionaires on the lam from ICE in the US.....sounds like the plot of a goofy Mel Brooks movie full of hijinx and heart-warming shenanigans.

[millefleur 5,045]

**Several non-contributory and derailing posts removed. Post constructively and reminder to heed the TOS.**

 

VJ Moderation

Edited December 5, 2021 by millefleur

[PGA 226]

Just come out and say it! This was fraud from the get go... no wonder it's so hard for those of us following the legal path...