Family immigration

[jamesgray]

What is the name of your state? Texas

When a woman enters legally and then becomes illegal and has US citizen children, how can she get green card?? If not green card then what can she get?

 

[mmm_2000]

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What is the name of your state? Texas

When a woman enters legally and then becomes illegal and has US citizen children, how can she get green card?? If not green card then what can she get?
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As much as I know even if she gives birth to a child in US (the child obvious will be US citizen) she's still illegal and she can get deported, so her only way of getting a green card is to marry a US citizen or a green card holder , but with the last one she needs to wait until he gets citizenship in order to be eligible for the green card.
Until she will be eligible for a green card she needs NOT TO CONTACT immigration authorities ! She will be deported !

 

[jamesgray]

thank you... but

She is certainly still illegal, but when a person enters the us legally and then becomes illegal, there is a process by which they can become legal again through an immediate relative. The most obvious choice is a citizen spouse but a parent or in this case a child may be the catalyst. At least that's how I understand the legalese. If her child were over 21, the child could apply to have her status changed. I'm interested in any possible recourse a woman who is the mother of minor children born in the USA may have to become legal, as it is in the best interest of her minor citizen children that she become legal.

 

[jcgomar]

There should be a way to do it. There's just good intention in the children to do it for his/her mom and it's not human to let her like that. I know that he needs to be 21 years old and file an I-130. I know that's an option even if she is illegal in the US, the child can file for her.

 

[AHA]

The quickest way is for her to marry a USC. Her children can't petition for her until they are 21 and even if she has other relatives that could sponsor her, the process for those applications is years and years.The USCIS doesn't consider the foreigner's "good intentions" since becoming illegal is pretty voluntary. I've read of plenty of parents that have gotten deported and had to either leave their USC kids in the US(if the other parent was a USC) or bring them with to the foreigner's country. The USCIS doesn't base their decisions on heart, they go by cold hard facts, proof and the law.

 

[jamesgray]

thanks to all for advice

Once again, from Texas. Thank you for the advice. Since the woman's children are not near 21, it seems like it would be better for her to get an employer sponsored visa. I doubt she would marry again anytime soon, and I'm pretty sure she would not do it for papers.

Here in Texas we have a huge immigration problem. The ones that come from Mexico or from further South don't bother me. This state was part of what is now known as Mexico since long before we got here anyway. It's the durn Californians and New Yorkers that are screwing up my town. LOL (Just playin' No offense intended to any readers from said states)

Peace and thanks again for taking time to respond.

 

[ImmigAttyLana]

There is no way for an employer to help in this type of situation where the person is now out of status even if she initially entered the US legally. Marriage to a US citizen is the only solution, as the children have to be at least 21 years of age in order to be able to sponsor a parent for permanent residence.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.