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In order for a foreign citizen to become and American citizen, they must first obtain a visa that gives them permanent residency status (the fabled "Green Card", which is neit…her green nor a card, and is not the only visa conferring permanent residency). To get a permanent visa, one must first apply for a temporary visa of the proper sort - not all temporary visas allow one to automatically apply for a permanent visa. To apply for ANY type of visa, one must apply through the US Embassy or Consulate in the person's home country (i.e. a country where the person holds citizenship). While the application process can often be handled through the mail, the actual issuance of the visa will be done through the US Embassy/Consulate, so the person applying for the visa must make at least one visit in person to their home country's US Embassy/Consulate. That is, to pick up their new visa, they must return to their home country, and go to the US Embassy there. In addition, you may NOT convert a visa while staying in the US - what this means is that if you entered on visa type A, and were later granted type B, you MUST leave the country and re-enter, presenting the valid B visa as your entry visa now. This is complicated, and gets worse. The vast majority of permanent visas require a sponsor, who must be a US permanent resident or citizen (permanent residents can sponsor for certain permanent visas, but not all the ones a citizen can). In order to sponsor a parent, one must be at least 21 years old. So, unless your child is already a US citizen and already 21, they cannot sponsor your for permanent residency. This is the fallacy behind the "anchor baby" outcry: if a foreign woman comes to the US illegally, and has a child here, that child will be eligible for US citizenship. However, a young child cannot sponsor the mother, so the mother (and child) will be deported back to the home country (as the child is also a citizen of the home country, by virtual of birth to a citizen of that country). The child could possibly stay in the US if the other parent was a legal US resident or citizen, but the mother could not stay just because she gave birth to a US citizen. One a person has permanent residency here, it usually takes 5+ (3+ if your spouse is already a citizen) years to obtain citizenship, through the naturalization process, which is independent of the visa process. Also, as of January 2012, the US DOJ has issued new guidelines for US citizens attempting to sponsor immediate family (spouse, children, grandparents) for permanent visas: even if the visa applicant has entered the country illegally, they can get an automatic waiver of the wait time for re-entry after getting their permanent residency visa. One still has to return to their home country to pick up the US permanent residency visa, but, no longer has to wait the 3-10 years it used to be required to before re-entering the country. The new DOJ guidelines DO NOT affect the rules for sponsorship, so the sponsor must still be at least 21 years of age (in addition to any other requirements).More Information Marrying him will not make him legal. You will have to go through a long process. It will take at least a few years to get his greencard and you will most likely have to hire a lawyer. A few years and a few thousand dollars later, hopefully he'll be legal. The child doesn't mean squat. If having a child here meant that someone could get "legal" many Mexican women would be dropping their babies in the US. Unless the rules have changed, the answer above is wrong. There ARE lots of Mexicans sneaking across the border to drop their babies here. I also knew an Albanian who came in secretly pregnant on a short-term visa. She refused to go back to her country with her group and only left months later - after having the baby. She then had a "family member" (the baby) who is automatically a U.S. citizen from being born here and she could apply for a special visa,or whatever,in order for the "family" to be together in the "citizen's" (baby's)country - the U.S. Actually that is not true. My husband is Albanian and I know at least three families who have children here and got deported. Having children here does not make it any easier to obtain citizenship. My husbands uncle has three children here and lived here for almost twenty years and they told them if they loved their father they would return with him. Flat out, cut and dry. Also if you have been watching CNN lately there is a Mexican child (7 years old) pleading with the government not to send his mother back to Mexico. So very simply the answer is no, having a child does not make it easier to stay here. As for the laws before 1999 it may have been but it is not as of now.
yes, if they have a state issued ID, a birth certificate, and they money for the license. or you can just use your Country's identification, such as 'matricula', visa, passp…ort, anything with your name and information. A birth certificate would also work. good luck!
Adopting an Illegal AlienGuardianship or adoption is only possible for a child who is under the age of 16-years when the action if filed. Before adoption is possible the child… must have resides with the prospective parents for at least two years by order of the court or the permission of a jurisdictional government agency. The best option is to consult with an attorney who is qualified in immigration law as to the possibility of adoption and/or the procedures required as they relate to the individual's circumstances. Here is more input:Yes and no. I believe that you would have to deal with the bureaucracy of both countries (the U.S. and the child's home country) first. The USCIS may grant temporary anti-deportation protection for the child but do not count on it.It could be done under certain circumstances, but it would be a two-country "beaurocracy hell" in the beginning.It depends what country you want to adopt the child from and to be honest, it's all about money. If you have enough money to sway certain people in certain countries you can adopt as many children as you want. Moscow and Asian countries are difficult to adopt from, but money talks. There is a lot of red tape involved and also a lot of time involved. I suggest you speak to a lawyer and prepare yourself before you start any adoption process.Yes, if the child is residing in the U.S. he or she must be under the age of 16 and have no surviving parent or a single parent who has voluntarily relinquished parental rights. INA Section 101 (b)(1)(F), USC Section 1101(b)(1)(F). answer No, in order to adopt a kid here and give him a legal immigration status he needs to came here legally (with a green card) and then here in USA the parents needs to adjust his status to son of US citizen and then the kid will be citizen.
Answer Yes, but it doesn't automatically make the illegal citizen an American. That's a long and complicated process. * In addition, the majorit…y of states require the foreign national to present substantial documentation such as passport, visa, birth certificate, (in some situations SS# and "green card".) Any person who is unlawfully present in the U.S. is not eligible for sponsorship by a spouse, relative, etc. for permanent residency status or citizenship naturalization. The foreign national must leave the U.S. and apply for reentry under USCIS laws. United States Citizenship and Immigration Services, http://www.uscis.gov, Immigration Customs Enforcement, http://www.ice.gov
No Not so fast !!! The correct answer to this question is: Adoption laws are unique to each of the "sovereign" states of the United States. You must research your state l…aws thoroughly on this question and you should consult with not 1 but at least 2 attorney's who are expert in the area of Family Law. I live in NYS and was given the same blunt "no" on this question 5 years ago. Be advised that I have retained the services of an attorney who practices only Family Law and that we've been assured that it's not a problem. The adoption is moving forward and should be completed in 30 days. Footnote: my adopted son will be issued a NYS Birth Certificate that will state the city and country of his birth, and it will also state "NOT A US CITIZEN" We will however be able to Petition the US Secretary of State requesting that he be recognized as a US National. All US Citizens are US Nationals, but not all US Nationals are US Citizens. It's highly probable that the Petition mayl be denied; but, won on appeal at your local US District Court. The letter of the Law may be black and white, but the application of the Law is like any human: flexible.
Yes you can- but remember that the ability to marry an illegal is SEPARATE from whether or not that illegal will ultimately be able to get legal status due to that marriage.
No. The person must be under the age of 14 and must be certified as an orphan or the parents must have voluntarily relinquished their rights to the child, and must have e…ntered the US legally. The exception is if the minor qualifies as an asylee or refugee. Not so fast. The correct Answer is: it depends on the law of each "sovereign" state of the United States. In certain states like NY you can actually adopt an adult even if they've illegally entered the US. You can pose this question to different attorney's and I assure you that you'll get multiple answers, including "no". Always ask an attorney who specializes in family law; more specifically in adoptions. Footnote: when the adoption is complete in NY a new Birth Certificate will be issued stating the foreign city and country of his birth, and it will clearly state "NOT A US CITIZEN".
Answer No. Illegal immigrants regardless of their age are not eligible for adoption. In most instances even a legal immigrant minor already within the …US cannot be adopted unless his or her parents have had parental rights terminated or the minor has been declared an orphan, an asylee or a refugee.
Can an illegal alien from Mexico who entered the US illegally is paying child support for his illegal alien children and is married to a US citizen but has no children with his wife be deported?
Yes. He should have had his wife start the procedures to sponsor his citizenship when they got married. If she knew he was illegal, she, too, could face criminal charg…es for housing an illegal alien. Since no illegal can enter into a legally binding contract, the marriage may not be legal either.
This question can be accurately answered if you call a 1-800 number for immigration and talk to an operator who will use immigration laws to answer the question. I have …limited knowledge, but I would like to say that the child born is the US is irrelevant. I think that there is an age limit, and 17 sound high. I know that calling immigration is long and tedious, but you will get the right answer.
YES, THE ILLEGAL ALIEN CAN BE DEPORTED. IN MOSE CASES, USCIS DOESN'T DEPORT THE ILLEGAL IMMIGRANT FOR NOTHING. THERE HAS TO BE A REASON. USCIS CAN ALSO ENFORCE THE ILLEG…AL IMMIGRANT TO WORK HERE FOR SOME PERIOD SO THE OTHER PARTIE CAN BENEFICIATE OF A CHILD SUPPORT. BUT, A US CHILD WILL NOT GIVE YOU RESIDENCE UNTIL HE OR SHE GET 21 YEARS OLD AND DECIDE TO DO IT.
No. The adoption process is only applied for someone 18 or older to adopt a minor (and rarely an adult, who must be a US legal resident/citizen). What you may be thi…nking about is "family re-unification", a part of the 1965 immigration law that allows a citizen's family to apply for visas to be reunified in the US. However, the citizen must be 18 or older in order to start a family re-unification process. That is, the citizen child has no legal avenue to remove his or her parents' illegal status. This is a common misunderstood concept that leads children of illegal parents to be misnamed "anchor babies", even though they have little actual ability to help their parents gain legal status. If the illegal parents are caught and deported, the only choices for the children are to join their parents in their country or origin, or stay in the US under foster care services without their parents. See the Elvira Arellano case where the illegal parent was deported and force to take her son, a US citizen, with her or leave him to foster care.
In Green Cards
If the illegal immigrant entered the country illegally can he get green card if he married to US citizen?
I believe so, but Id hope whoever uses this technique gets blacklisted and hunted down right away No. An illegal immigrant is just that, regardless of whether they marry a US …citizen or not. Marrying a US citizen grants a foreign national the right to a green card, as long as they are either not in the country, or if they have entered the country legally and are currently in a legal visitor status., i.e. their I-94 departure record has not expired. Once the spouse of a citizen has legally applied for a green card, the CBP cannot remove the person from the country when their I-94 expires. In fact, they cannot even travel across the border as crossing the border during the initial application, voids that application and you have to start again
You can't. Since you married an illegal, she and her daughter are not allowed on U.S. soil. Usually she would have to get a visa, and then go through the whole entire process …of becoming a citizen. Once she has her visa, she is allowed to bring her daughter with her; you can adopt once your wife is a legal U.S. citizen and she is recognized here. The reason you cannot adopt her daughter now is because she is not a legal U.S. citizen also, which makes it illegal. I'm not sure about what the other laws about this stuff are in other countries or the country your wife is from, but maybe try there? As stated by the law: A U.S. Citizen can get married to an illegal immigrant if the said illegal immigrant was duly inspected at a port of entry. As such, he/she must have a valid I-94, an entry stamp in his passport, a visa. This is just preliminary because the couple must have to subsequently prove to the U.S. Immigration that the marriage is genuine and was entered into not as a way to evade immigration regulations and laws. And; To qualify for citizenship, you must:Be a lawful permanent U.S. resident;Be 18 years of age or older;Be a permanent resident for not less than five years. (If a person obtained permanent residence through marriage to a U.S. citizen, they may be eligible for naturalization in three years if the couple has been married for 3 years, if the spouse was a citizen during that entire period, and if the couple are still living in marital unity);Have resided for not less than three months in the state where the petition was filed;Be physically present in the United States for at least one half of the five years (or one half of three if spouse is a citizen), with no absences longer than six months;Have resided continuously within the United States from the date the petition was filed to the time of admission to citizenship;Have been a person of good moral character for the five years of residence;Have an elementary level of reading and writing English. (Exceptions to this rule exist for persons over fifty, in the US for 20 years or more as a permanent resident; and for persons over 55 , in the US for 15 years as a permanent resident); andHave a basic knowledge of the fundamentals of U.S. government and history. (This requirement can be waived for people over 65 and have been permanent resident for 20 years.
That would be an adult illegal alien and a whole different thing. First he has to report to the authorities since you have to do it legally. I doubt it would work and he might… get deported.
If a person entered illegally and then later married a us citizen what is the process in which the citizen would gain residency for the illegal spouse or could they for that matter?
the immigrant can apply for citizenship, but will have to have to go back to there country and apply for re-entry, this takes many, many years in which the immigrant will be a…way from their family that needs them, I am in this situation with my husband who is from mexico, I am leaving next week to be with him ( i dont even speek spanish) so we can raise our son together. there is no garantee that he will ever be able to re-enter the US