A child was born in USA. Can the parents get american residentship or citizenship?
Answer:
The kid or "anchor baby" as the anti-immigrant lobby labels them could apply for parents as soon as he/she turned 21 years old. Parents of US citizens (21 y/o and over) may apply immediately to receive green cards to come to the US.
But practically speaking, in almost 99% of the cases with illegal parents, this won't happen. This is because the current law keeps it from happening.
It's very rare that the EWI (illegal immigrant) parents are going to run back to their home country the moment their child is born. More likely they will continue to stay in the US.
Under current immigration law they will have accumulated a 10-year bar to applying for any US immigration benefits. That means once they go back home they wait for 10 years and then they apply to come here.
There is a process to waive this 10 year bar through a 212 and a 601 waiver, but again, for 99% of people this is not practical. They must make this waiver application in their home country (after waiting for a year to get an appointment at the US consulate) and then they must wait an additional 9-12 months in their home country for the waivers to be decided. Almost nobody is able to split up their family for this long period of time.
Also, in order to get these waivers the applicant must show some "extreme hardship" to a US citizen if the waivers are not granted. Guess what? Just being without your husband or wife's financial and emotional support is considered a "normal hardship" and not an "extreme hardship". So it's to the back of the line then for these people refused for waivers who then have to sit out the remaining 9 years before they can apply again.
Practically speaking this is a complete pile of crap system and is no real incentive at all for anybody here illegally to even attempt to get "legal" when facing such terrible odds of getting their waivers approved. It's safer (and more economic for their familes) that they stay here and continue as illegals. I know that I don't want these kids to go on welfare because someone is away waiting for a waiver and not supporting them. No thank you, Please!
So the wait is 21 years, plus either another year or 11 years (extra year to restart the petition process after 10 year bar). That's 22 years or 32 years to get the green card. Hard to believe we make it so easy for them...
Schmegicky sez:
<rant>
You know... both Republicans and Democrats let this thing get completely out of hand clearly as far back as the 1970s and possibly further back than that. The meat packing unions in 1973-4 decided that it was just crazy to be paying someone 11 dollars an hour to cut meat... That was just the height of outrage to them. So "small family farms" (BTW...great lobbying job at stretching the law) under the tax code (IBP, etc) started placing ads in newspapers right next to the border inviting workers to come to the Midwest for jobs. (at about half of the 11 bucks that the union had been getting). And come they did! Pretty soon, the companies dropped all pretentions and actually started placing these ads in Mexican newspapers in Spanish! Where was immigration enforcement when this happened? Nowhere to be seen, that's where. They let it happen. Ford to Carter and then to Reagan (who granted two partial amnesties)
The point is, you can't have your cake and eat it too. If you don't want illegals here, then don't let big business get away with exploiting them. Look at Japan where they happily pay $5.00 each for a Washington State apple. If we want to have no illegals then it's time to pay a citizen a decent wage of at least 12 dollars an hour to work the orchards or even more for more skilled occupations such as meat cutter or construction.
Put your money where your mouth is. You can begin by demanding that your local grocery store keep produce picked by citizen workers. Note: these are usually unionized for some strange reason... Hmmmm
I couldn't care less what the government decides to do, so long as it stops simultaneous pandering and talking out of both sides of its mouth to big business and then to citizen workers. That is the most insulting thing in this whole mess.
</rant>
~Mr. Schmegicky
It is not automatic for the parents. They have to go through the proper channels to obtain citizenship.
No.
Yes it takes time, and sometimes they send you back to your country and say the child can come back when they are 18 if they choose to. Its more strict now
No take your child and go home and get legal , before you come back . You are illegal and have broken American laws and will go to jail
Yes you can, but not until your child is 18 years old. He/She can then sponsor you to become a citizen.
There are several ways, and you need to see which one suits your needs. But, as for the child to assist you or adjust your status, the child has to be at least 18 years of age. Like I said, there are other options, but you need to look into it.
Not immediately, the US adheres to the principle of citizenship which is jus soli,which means "place of birth" if a child was born to a non citizen of a u.s. e.g. contract workers, the child automatically become a citizen but not its parents.
Nope
You have to be 21 years old to be able to petition another for legalization. Contrary to popular belief, it does not happen automatically or make it easier. Sorry.
Because of the child - NO!!!!!!!
That's the problem going on with the illegal alien criminals. They pop out a kid in the US, the baby is a citizen and then the illegal alien criminal parents cry about the fact that they want to stay because the kid is a citizen. Some women are throwing themselves over the fence as the baby is crowning so that the kid is a citizen.
DEPORT EVERYONE, including the anchor baby. The baby is the only one legally here but they can't take care of themselves. Everyone HAS to go.
The immigration information post by website user , MyTend.com not guarantee correctness