If an illegal alien has a baby with a us citizen can he be on the birth certificate?

Answer 1

Marrying a U.S. citizen and having children resulting from the marriage DOES NOT automatically award citizenship or permanent resident status to an alien, especially one who is deemed to be in the U.S. illegally. The non-citizen must follow the prescribed procedures as required by federal law through USCIS. The children ARE citizens if they were born in the United States OR if one of the parent is a U.S. citizen (not just a Resident, but a Citizen).

Once a citizen child reaches 21, they can then act as a sponsor for their parent to obtain Legal Residency. However, note that it is not possible to have an illegal alien obtain legal residency unless they leave the country first - that is, you can't come to the U.S. illegally, then have someone sponsor you to stay. You must leave the country, have someone sponsor you, then re-enter on a valid visa.]

Personal Experience My husband and I have been married for six years and we have two kids, the oldest is five, and my husband is still not legal. I've told Immigration just how important it is that he get his papers because of this and they said it doesn't matter how many kids he has, yada yada. They are culeros.

If the guy only has children that are US citizens, and no one else, he probably will have to wait for them to grow up and petition for him.

Answer 2

AnswerMy sister did, and they did, and the illegal alien received citizenship. One year later he left her and left her a note that said, "I died in Mexico".

well that was just rude icant answer your question for sure you need to contact a lawyer.i have talked to several people that say if you prove hardship on the family then yes you can become a citizen without having to stay in the foreign born country very long but others say if you cant prove hardship then the illegal alien will have to stay in there country for 10 years. good luck!

I'm not sure about whom you are referring to: do you mean the baby getting citizenship, or the illegal alien spouse?

If you are asking about the child of a legal U.S. resident or citizen, and an illegal alien person, then the answer is that the child automatic U.S. citizenship if the at least one parent was a U.S. citizen, OR if the child was born inside the U.S.

If you are wondering about the illegal alien spouse, then they CANNOT gain U.S. residency (the first step to U.S. citizenship) while still inside the U.S. illegally. They must first leave the U.S., and apply for a Spousal Resident's Visa from inside a country where they have citizenship. The U.S. spouse will be their sponsor. The child is legally irrelevant in this case (except perhaps to show a possibly suspicious INS official that the marriage is indeed a real one, and not a fraud). The child CANNOT be the illegal's sponsor. So, should the U.S. citizen die (or divorce) before the illegal alien's residency visa paperwork finishes, then the alien is out of luck, and can't use the child as a reason to get a visa.

Answer 3

Under the 14th Amendment to the U.S. Constitution: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside". Therefore, a child born in the United States, is a U.S. citizen by birth, regardless of whether the parents are here legally, illegally, or as visitors. This is known as Jus Soli, and a U.S. citizen may always enter, reside in, or leave the United States. The fact that a child is a U.S. citizen does not, however, give the parents any claim to U.S. citizenship that they did not have before. Under current law, the child may petition for a visa for a parent, when the child turns 21. That visa may be for a visit or as an immigrant, and has some preference over the application of an unrelated immigrant, but the fact that the child has citizenship never automatically gives the parent a right to come to the U.S. or to become a U.S. citizen.

Answer 4

Yes they can be on the birth certificate all they need to have is a passport or a state I.D. although i dont recommended it because then if they ever apply for some kind of visa or green card it will be on file that they were in the US

Answer 5

You don't actually have to have a baby if you're married to a US citizen. If married to a US citizen for 3 years, I believe you automatically have a green card. If you have a baby, I think it would be a little quicker to get the green card. It happened to my brother, then she divorced him.

Answer 6

No. Only the child and the American women would be permitted to stay unless he had a greencard.

But, you may file for the case adjustment however.

Answer 7

A person will not automatically become a US citizen as soon as soon as an illegal alien marries a citizen. The illegal alien will have to file for a VISA with the INS.

Answer 8

No, he has to take a test and qualify to become an American citizen.

Answer 9

yes but you have to do it for your spouse