Her child is definitely a US citizen which the baby's birth certificate proves it. but the mother cant apply for residency.
If you are a US Citizen, legally divorced or widowed, you can request permanent residency for your spouse, regardless of how you gained your citizenship.
When marrying a green card holder, the process for obtaining permanent residency in the United States may take longer and have more restrictions compared to marrying a U.S. citizen. Marrying a U.S. citizen typically offers faster processing times and fewer limitations for obtaining permanent residency.
I-130 and I-148 to change to permanent residency and status
A Permanent Resident is a non-citizen within a country other than one which they have citizenship for. Permanent Residency grants them all rights to live in that country for as long as they desire, with certain conditions. They do not have all rights of a citizen, such as voting and representation, however; Residency is normally the last step towards gaining citizenship.
A non-citizen father cannot automatically obtain permanent residency in the U.S. simply because his child is born there. While the child is a U.S. citizen by birth, the father would need to explore other immigration options, such as sponsorship through a family member or an employment-based visa. The father may also have to meet specific eligibility criteria and go through the appropriate application processes to obtain permanent residency.
No. An incarcerated person could not sponsor a foreign national for permanent residency nor citizenship. FYI, marrying a US citizen does not automatically confer permanent resident or citizenship status on a foreign national. Likewise, an illegal immigrant is not eligible for permanent residency regardless of his or her marital status. Unlawfully present individuals are required to voluntarily leave the US and return to their country of origin or face detainment and deportation.
A Permanent Resident is a non-citizen within a country other than one which they have citizenship for. Permanent Residency grants them all rights to live in that country for as long as they desire, with certain conditions. They do not have all rights of a citizen, such as voting and representation, however; Residency is normally the last step towards gaining citizenship.
Yes, the child born on U.S. soil, in the air or onboard a U.S. plane becomes an U.S. citizen automatically. It does not, however, give the non-citizen parents a right to stay (with the citizen child) in the U.S. Without proper documentation they will be deported to their homeland. At the age of 18 the child can choose to apply for permanent residency for them (so-called Green Card).
Get a working visa, and use it. Apply for and get permanent residency.
In order to become an American citizen, a person should first become 18 yrs old. Next is becoming a legal permanent resident - getting a green card. He/ she has to then maintain the required continuous residency status and permanent residency status. Becoming a US citizen is not a one-day process but a lengthy one.
No, both my marriages were like the one you described. They will get their residency regardless.
YES US Visa is required.