Question Regarding What Happems To A Child Who Enters The US Illegally

[kjenkins86 5]

Ok, I know someone who is a u.s. citizen that has a child here in tthe U.S. However, the child entered the U.S. in someone else's name/on someone's passport when she was 4 yrs old. The child is now 11, the mother came here throught filing by her grandmother.

I heard somewhere that the child CAN be helped because eventhough the child was not on the petition, she was born before the petition was approved. I hope I explained the situation thoroughly so some light can be shed.

So does anyone know of this and or how this child can be helped without being sent back to her country of birth?

Thanks

[Otto 83]

** Topic may be better suited in "Bringing Family Members of US Citizens to America" (rather than Off Topic); moving thread there.

[Brother Hesekiel 2,236]

Entering the USA with someone else's passport and name is misrepresentation, which carries a lifetime ban.

However, since the child was only 4 years old when that happened and still is not of full legal age to this day, I'm not sure if it could be held responsible. Most likely the person acting on the child's behalf is responsible for this. If this happens to be the parent, and the parent now has become a US citizen through naturalization, he or she would have a problem at hand as the N-400 form explicitly asks about crimes committed, even if not arrested or charged for. And again, this would be misrepresentation which, you remember, carries a lifetime ban. Since US citizens cannot be banned from the United States, the citizenship could be revoked since it was obtained by misrepresentation.

If it was me, I'd consult two attorneys. Most attorneys either offer a free initial consultation or charge half an hour for about $150 to $180.00.

Edited May 25, 2010 by Just Bob

[Otto 83]

** An inappropriate remark has been removed for Terms of Service violation.

[thongd4me 69]

I don't know the answer.

I think this is more common than many would suspect.

I once read a story about a "ringer" baseball player

who was a star on a Bronx little league team.

He swapped passports with his cousin who was

a few years younger (young enough to satisfy the

team age eligibility requirement) and both kids came

to NY and they were eventually found out.

I don't know if they were deported, but I suspect they

were, even if the adults were technically to blame.

[Boiler 45,525]

Child is deportable but does not accumulate illegal presence until the age of 18.

Could be a life time ban if a US passport was used.

Obvious legal issues for those complicit.

[kjenkins86 5]

Thank you all for your input.