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The spouse and child would NOT be required to return to Mexico. The illegal WILL be REQUIRED to return to Mexico (for consular processing). The visa would be denied due to the overstay. The illegal would then need to file an I-601 waiver to get a green card and move to the US.

An illegal merely marrying a US citizen DOES NOT help the illegal at all. This is one of those myths that no matter how hard i try to dispel- people still believe in it.

Marriage to a US citizen will only help a person that while currently illegal, had a valid entry (I.e. either entry by the VWP or through a visa with inspection).

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Q: If a child was brought to the us at 5 years old illegal and has been here for 20 years and is now married to a us citizen with a baby would they have to go back to Mexico?
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