Illegals' children can become legal?

[Pamela H in Texas]

PLEASE PLEASE PLEASE don't make this a political debate. I don't know or understand the arguments, nor do I care. Please think of this as an individual child who looks a whole lot like the one that will come give you a hug this afternoon (or in ten years).

 

Okay, I hope my friend who told me about this situation doesn't even find out I write this post and if she does, she isn't mad. But my curiosity is killing me. And I can't imagine that this is the case anyway. And if y'all know something, then the child gets a better option.

 

Here is the situation.

 

A girl is a minor, but teen, child of illegal immigrants. The parents hope she will find a nice legal boy to marry. Child has decided not to go that direction for important reasons of her own.

 

Isn't there ANY way the child can become legal? ideally before she turns 18 or immediately after?

 

It just seems that there might be a way for her to because she's been here for years. She didn't choose to come to America. She didn't choose the laws here. She has a life here though. She goes to school and has friends and and and.

 

Certainly getting married is not the only way for the child to stay here legally...Is there anything?

[Mejane]

If she wasn't born here, she has to go through the same legal channels as any other immigrant, afaik.

[Carol in Cal.]

I believe that if her parents become legal before she is of age, she will become legal as well. If she's a teen, though, the time is rapidly running out.

[littlebug42]

I just found this online:

 

The Rules for Illegal Immigrant Children

 

The 14th Amendment of the Constitution mandates that any child born within the United States, no matter the circumstances of the parents, is by law a United States citizen.

 

 

• Basically what this means is that if a mother or two parents are in the country illegally and give birth to a child, that child will be a natural United States citizen, and granted all of the rights that every other citizen is entitled to.
  
• This means child could be born an American but his or her parents could have no rights at all and could be subject to deportation, in which case the child may have to leave the country with the parents or given up for adoption or left with US relatives
  

 

If a child is born outside of the United States and is brought in illegally by his or her parents, the child is still considered an illegal immigrant and is subject to all of the same deportation laws as the parents are. If the child lives with illegal immigrant parents within the United States, he or she could be held to the same Accrued Unlawful Stay penalties as the parents are. Once the child is of legal age to apply for residency, he or she could be removed from the country and held to the restrictions under the Unlawful Stay ordinance, barring the individual from reentering the country for up to 10 years.

Getting Help

 

If you have a child in the United States and either you or your spouse are within the country illegally, you need to look into the USCIS programs that may allow you to apply for asylum status, allowing you to remain in the country under certain circumstances while your application for citizenship is processed. You should consult with an experienced immigration attorney if you find yourself in this situation, as your lawyer can help you to explore your options with USCIS.

 

 

 

 

Sorry but it doesn't look terribly promising. It mentions asylum options above but I do not know how promising that is. Apparently, if she returns to her country of origin before she is 18.5, she doesn't have to wait the 10 years to apply for legal entry.

[FaithManor]

I don't think so and there is danger in marrying to stay here. It is looked upon as a sham marriage by immigration. They will have their school mates, parents, neighbors, you name it, interviewed by INS to see if they had an extensive relationship prior to the marrriage, or if she chose someone to marry just to stay in the country. INS has really cracked down on this and it still often ends in deportation. It is illegal to marry in order to get a green card to stay in the country. It's harsh but that's the law and she would be violating it. If deported, it will make it harder for her to get back into the country because she will be listed not just as a previous illegal alien, but as one that attempted to illegally obtain a residency visa.

 

Please do not advise her to marry. I know, personally, of five Americans in our area that married illegal aliens (and these were cases of truly being in love...long term dating, etc.) and INS deported their spouses once they attempted to become legal residents. Three were girls who went back to Mexico to live in poverty with their spouses and wait for a chance to come back to the country legally, the two boys stayed here with their jobs and their wives were deported. The two young men try to visit their wives twice a year and one had a baby back in Mexico so an immigration attorney is trying to make a case for her and the baby to come back legally since the baby has dual citizenship. IT'S A MESS! She should not do this.

 

Probably her best plan is to engage the services of an attorney skilled in immigration issues. If she can not afford one, she needs to go to her nearest university with a law school and ask for the assistance of the professor who teaches immigration law. Sometimes law schools will take on these types of cases because the law students work as research assistants/paralegals to the faculty and it makes for a great learning experience. If she has a plan, "I want to go to college, I have taken these steps to insure that I will be able to attend, I am seeking part-time employment, and family X (U.S. citizens) have agreed to be my sponsor and alllow me to live with them, and I have no criminal record, etc., etc.", then she has a shot at an immigration judge allowing her to stay because she is a child caught between the law and her parents' choices and she is appearing to be a law abiding person who will contribute positively to America. That speaks volumes!

 

But, without the help of an immigration attorney, she stands a pretty good chance of either having to duck around and live life as an illegal hoping to never be caught, or being deported and having a very difficult time ever getting back legally.

 

Sorry!

Faith

Edited October 28, 2010 by FaithManor

[Pamela H in Texas]

Let me state that no one was hunting for a legal boy for the girl to marry or anything. She, like most 16yos, was dating; and they hoped it would work out for obvious reasons. I am sorry to make it sound worse than it was.

 

The girl has decided to 1) not date at this time and 2) be even more selective when she does decide to date one day. She will not change her mind just to make it easier (if it were easier) as she believes in the reasons she's made these choices.

 

I just was hoping there was some option, hoping that since she was a child there might be something.

 

It seems the gov't looks away plenty as it is as these kids can go to school and such. Seems they could make it easy enough for them to get legal after allowing them an education for 13 years.

[Pamela H in Texas]

I believe that if her parents become legal before she is of age, she will become legal as well. If she's a teen, though, the time is rapidly running out.

 

The protocol for this would make it impossible.

[Laura Corin]

I don't think so and there is danger in marrying to stay here. It is looked upon as a sham marriage by immigration. They will have their school mates, parents, neighbors, you name it, interviewed by INS to see if they had an extensive relationship prior to the marrriage, or if she chose someone to marry just to stay in the country.

 

I didn't get much hassle when I married husband and applied for a green card but, as the INS guy said, I had a 'perfectly good passport already and didn't need the American one.' I could hear people in the next booth being interviewed very aggressively.

 

Laura

[AmyinMD]

I have a friend that teaches high school and has several illegal immigrants in her classes. She has said that a lot of the kids don't apply themselves and she understands why. She said they can never go to college or hold a legal job. Why would they care if they do well in high school? They're going to be stuck working illegal jobs pretty much their whole life. She says a lot of them have babies young because the baby will become a citizen. I don't know if the mom would then be able to apply for citizenship or not.

 

It does seem like there should be a way after they've grown up and been educated here but I don't think there is.

[ahousefullofjs]

If she wasn't born here, she has to go through the same legal channels as any other immigrant, afaik.

:iagree:

It tugs at the heart strings but it is the law. It's unfortunate that her parents chose to put her in that position.

[Renee in NC]

An illegal immigrant marrying a citizen does *not* get to be legal through the marriage. I have friends - the husband isn't legal, the wife is a citizen - and they were told by their immigration lawyer that they would need to divorce, he would have to go back into Mexico, wait a few years, and then she need to remarry him there and wait for the process to finish. The fact that he had been paying taxes under his real name made it worse (he thought it would be better!)

 

A child of an illegal immigrant who isn't born here doesn't have a chance. There really aren't any legal channels for most people to gain legal residency unless they come with refugee status, great education, or legal/citizen family to sponsor them. It isn't like there is some process by which those who are here illegally could come here legally - that is why they come here illegally. Even children of LEGAL residents who are not here on a visa on their own (come with their parent's visa) lose out at 18.

 

A neighbor in NC had this happen - she came legally and brought her children later under her visa (obtained because of Hurricane Mitch and she had a sister here.) When her daughter turned 18 and graduated from high school, she no longer had options. While her mother was allowed to work under her visa status, the daughter could not. She could not attend college without being treated as an international student and paying out of state rates, even though her mother was here legally and paid taxes. She was supposed to return to Honduras at that point (she didn't and ended up having children here, so it is now even murkier than before!)

[Pamela H in Texas]

There really aren't any legal channels for most people to gain legal residency unless they come with refugee status, great education, or legal/citizen family to sponsor them. It isn't like there is some process by which those who are here illegally could come here legally - that is why they come here illegally.

 

I didn't realize that. I wondered why people didn't do it legally; but I figured it was just too difficult or costly or something, not that a process really didn't exist.

[kokotg]

I heard a story on This American Life awhile back about a young woman in this situation, and they mentioned a proposal that's been floating around congress for years, but nothing's happened with it. From Wikipedia:

 

The Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a piece of proposed federal legislation in the United States that was first introduced in the United States Senate on August 1, 2001[1] and most recently re-introduced there and the United States House of Representatives on March 26, 2009. This bill would provide certain inadmissible or deportable alien students who graduate from US high schools, who are of good moral character, arrived in the U.S. as minors, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residency if they complete two years in the military or two years at a four year institution of higher learning. The alien students would obtain temporary residency for a six year period. Within the six year period, a qualified student must have "acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States," or have "served in the uniformed services for at least 2 years and, if discharged, [have] received an honorable discharge."[2] Military Enlistment contracts require an eight year commitment.[3] "Any alien whose permanent resident status is terminated [according to the terms of the Act] shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this Act." [4]

 

http://en.wikipedia.org/wiki/DREAM_Act

[Laura Corin]

An illegal immigrant marrying a citizen does *not* get to be legal through the marriage. I have friends - the husband isn't legal, the wife is a citizen - and they were told by their immigration lawyer that they would need to divorce, he would have to go back into Mexico, wait a few years, and then she need to remarry him there and wait for the process to finish.

 

We were told that the right way for me to marry my American husband was to leave the country, go back to the UK, apply for a fiancee visa (or marry in the UK and wait for a married visa) then re-enter the US. All that would take at least six months.

 

We were also told that we could just marry in the US (I had entered legally on a visa waiver, so this may make the difference) and they would let me apply for the Green Card straight away. This is what we did and it worked fine. As I mentioned earlier, the INS is not particularly targeting Brits.

 

Laura

[Renee in NC]

We were told that the right way for me to marry my American husband was to leave the country, go back to the UK, apply for a fiancee visa (or marry in the UK and wait for a married visa) then re-enter the US. All that would take at least six months.

 

We were also told that we could just marry in the US (I had entered legally on a visa waiver, so this may make the difference) and they would let me apply for the Green Card straight away. This is what we did and it worked fine. As I mentioned earlier, the INS is not particularly targeting Brits.

 

Laura

 

The entering legally part is key. My friends problem was that he was illegally in the country when they married. They had hoped when they married it would be a way he could stay legally, but it was not to be. Entering on the fiancee visa was what the lawyer was telling them to do, but it seems it is much more difficult if you are coming from Mexico with little education.

[Jean in Newcastle]

The entering legally part is key.

 

My dh got his citizenship after we got married but he was here and working legally first. He first came as a child but did have to do most of his college in Canada once he turned 18 because he had to leave the country.

[Gwenhwyfar]

i've heard some stories like this and i think it's just downright cruel.

 

those kids didn't do a blasted thing wrong ~ yet they get punished? torn from their lives in the states and sent back to some country that they don't even remember.

 

:(

[C_l_e_0..Q_c]

I guess I had one (at least one!) wrong assumption.

I thought if one joined the military, one would be granted citizenship after a certain number of years?

Maybe that changed, but I knew quite a few teen boys who planned on doing just that, when I was a teen myself. I never understood the attraction of a US citizenship when one is already a Canadian by birth but those boys wanted it badly.

[Parrothead]

I guess I had one (at least one!) wrong assumption.

I thought if one joined the military, one would be granted citizenship after a certain number of years?

Maybe that changed, but I knew quite a few teen boys who planned on doing just that, when I was a teen myself. I never understood the attraction of a US citizenship when one is already a Canadian by birth but those boys wanted it badly.

Not simply for the sake of having it. I wouldn't think things were pretty good in Canada, most any European country, or Australia and New Zealand.

.

[Punchie]

My answer as an immigration officer: the girl is essentially screwed. Yes, she is being punished for her parents actions, but at this point there is no law in place that helps children who came here illegally w/their parents. When she turns 18, she would need to leave the US and then reenter b/c of a job or a marriage. Even then, going through the proper channels, she could still be barred as her HS diploma could be used as proof that she resided illegally in the US.

[TechWife]

If you have a temporary visa to live in the USA, then you can join the US Army. There is a fast track to citizenship for those who do so. I believe the fast track involves a reduced residency requirement. However, you may not join the US Army if you did not arrive through legal channels. Here is an interesting article.

[Mrs Mungo]

If you have a temporary visa to live in the USA, then you can join the US Army. There is a fast track to citizenship for those who do so. I believe the fast track involves a reduced residency requirement. However, you may not join the US Army if you did not arrive through legal channels. Here is an interesting article.

 

More articles on this:

http://www.usadiversitylottery.com/news/us-citizenship/green-card-immigration-news-july282009.php

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f1a03e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=f1a03e4d77d73210VgnVCM100000082ca60aRCRD

 

http://en.wikipedia.org/wiki/Citizenship_in_the_United_States#Pathways_to_citizenship

[Aggie]

More articles on this:

http://www.usadiversitylottery.com/news/us-citizenship/green-card-immigration-news-july282009.php

 

 

 

This is copied from the first site you linked:

 

 

Enter the Green Card Lottery. 55,000 Green Card’s Must Go Each Year. Let us help you reach your dream of becoming an American resident today!

 

 

Just thought it was funny.:D

[Murphy101]

My answer as an immigration officer: the girl is essentially screwed. Yes, she is being punished for her parents actions, but at this point there is no law in place that helps children who came here illegally w/their parents. When she turns 18, she would need to leave the US and then reenter b/c of a job or a marriage. Even then, going through the proper channels, she could still be barred as her HS diploma could be used as proof that she resided illegally in the US.

 

Yep. Dang shame her parents did that to her.:glare:

 

The smartest thing to do, would be to act NOW. Is there family in their home country she can stay with? Are there citizens here who will sponsor her? Could she get another citizenship easier? (Canada?). Have her parents done anything to make arrangements if a knock comes on the door?

 

Even if she has a baby, SHE is still illegal and if deported will have to decide whether to take her baby with her or not.

 

I had a friend from India who attained citizenship, went back and got married to a family friend who had a work visa and it took nearly 18 months for her to get entry to join him in the states. And they were both engineers and that was nearly 15 years ago I think.

 

It sure hasn't gotten easier.

 

And yes, we have plenty of unemployed low income low educated citizens already so the govt is not particular quick to raise the number with new entries.

[keptwoman]

Yes marrying might not work as beautifully as hoped. I married a foreigner. I had absolutely no trouble. However, in my case we petitioned for visas as fiances (my husband, then fiance did not live in the US). Then once we were granted the visa, we took the necessary steps for him to be a legal resident (which includes obtaining permission to work while waiting for the green card). This involved my husband getting physicals (at offices outside the US), filling out tons and tons of paperwork, and paying a lot of money. I had to prove that I made enough money to support him before he came here. I had to have people write letters to attest to the legitimacy of our relationship. We had to both write letters describing how we met and give whatever proof we could.

 

When we finally went for the final approval, that's the part you always see in the movies where they ask crazy questions, they didn't ask us a thing. They just stamped the form and said "congratulations". That was that. But again, I think we were so thorough and the procedure started before actually being married.

 

My AFS daughter who's wedding we attended in MA last year also did this. She entered legally, but overstayed, they got married quickly at the registry office and she got her green card. I know they had to do lots of paperwork, but it was a real relationship. They later had the big full-on wedding, but they had to have the quick one for her to be legal again. And she was from Paraguay.

 

It seems the gov't looks away plenty as it is as these kids can go to school and such. Seems they could make it easy enough for them to get legal after allowing them an education for 13 years.

This is the bit I don't get, in Australia you have to prove your right to be in the country to enrol in school. Why do they not ask the same in the US?

 

This is copied from the first site you linked:

 

 

Enter the Green Card Lottery. 55,000 Green Card’s Must Go Each Year. Let us help you reach your dream of becoming an American resident today!

 

 

Just thought it was funny.:D

We considered applying this year, but decided against.

[Mejane]

This is the bit I don't get, in Australia you have to prove your right to be in the country to enrol in school. Why do they not ask the same in the US?

 

 

 

 

Because, like medical care, it's considered a basic human service regardless of whether one is a citizen. Right or not, it's bankrupting many locales.

[keptwoman]

Because, like medical care, it's considered a basic human service regardless of whether one is a citizen. Right or not, it's bankrupting many locales.

I would have thought if they asked for proof on enrolment, it might dissuade many from coming, if their kids are going to end up without an education?

We also have to provide proof of residence for medical care, I doubt they would turn away a critically injured person, but they'd likely deal with their residency situation once they were treated.

[DarcyB]

I believe that if her parents become legal before she is of age, she will become legal as well. If she's a teen, though, the time is rapidly running out.

 

After become a certain age in teenage years, you still have to do it on your own. So even if her parents were able..she'd still have to do it as well. We had friends from South Africa just become citizens, and their oldest son who is 15, I believe, has to do it on his own. He did not automatically become a citizen.

[Renee in NC]

I would have thought if they asked for proof on enrolment, it might dissuade many from coming, if their kids are going to end up without an education?

We also have to provide proof of residence for medical care, I doubt they would turn away a critically injured person, but they'd likely deal with their residency situation once they were treated.

 

No, not really. The people (in general) who come into the country illegally to work hard, manual, low paying jobs do so because the conditions where they come from are so much worse. Yes, they want their children educated as much as the next person, but staying in their home country isn't likely to make that happen.

 

I worked with many illegal immigrants in the past. I asked all the time why they left everything behind to come to the US. One man told me that here he could make $10 an hour (before the recession) where as in Mexico he might make $10 a day if he could find a job. His ability to make money allowed him to wire money to his family in Mexico so that his mother could get medical care. Later, he wired more so they could transfer her to a better hospital. Without his working in the US, his mother wouldn't have had access to the level of medical care that she needed.

 

If the gov't were to make schools inaccessible to the children of illegal immigrants, parents would group together and hire teachers to teach in "underground" schools. Many churches in highly immigrant areas would also set up makeshift schools for children otherwise denied an education.

 

In addition, where I came from, many children over the age of 12 or 13 worked as well to help support the family. If the only option for work is the local chicken plant and that plant will higher you with or without the high school education, some students figure why bother.

[Gwenhwyfar]

My answer as an immigration officer: the girl is essentially screwed. Yes, she is being punished for her parents actions, but at this point there is no law in place that helps children who came here illegally w/their parents.

 

why not?? why hasn't something been done to help these kids??? don't people care enough or what?

 

they've done nothing wrong. they were taken somewhere by their parents - they were children, they didn't commit any crimes. they have a life, family, everything - and it just gets taken away from them?

[Punchie]

why not?? why hasn't something been done to help these kids??? don't people care enough or what?

 

they've done nothing wrong. they were taken somewhere by their parents - they were children, they didn't commit any crimes. they have a life, family, everything - and it just gets taken away from them?

 

A myriad of reasons. The short version is that congress hasn't figured out what to do. It would seem like an easy thing to solve, but politics gets in the way of humanity. The Dream Act is a possibility that has been tossed around for a while. It comes and goes though. Americans en masse have issues w/illegal immigrants as they see them as the "wrong" sort of person (as in ones who don't look, speak, or act like them) who take away their jobs and opportunities. It's a shame really b/c there are some good kids out there who could make a difference if they were given the opportunity to. But b/c their parents tried to give them a better life, everyone in that family gets screwed.

 

Keep in mind that the above is my opinion only from my personal experiences.

[Mejane]

why not?? why hasn't something been done to help these kids??? don't people care enough or what?

 

they've done nothing wrong. they were taken somewhere by their parents - they were children, they didn't commit any crimes. they have a life, family, everything - and it just gets taken away from them?

 

I think the average citizen is so overwhelmed with the whole illegal immigration problem they don't allow themselves to care about the individual person. I blame the federal government for that. If they'd deal with it in any kind of responsible way, we wouldn't have states such as AZ taking things into their own hands, and people wouldn't have the ill-will they have. Just my .02.

Edited October 29, 2010 by Mejane

[Susan in KY]

I don't think so and there is danger in marrying to stay here. It is looked upon as a sham marriage by immigration. They will have their school mates, parents, neighbors, you name it, interviewed by INS to see if they had an extensive relationship prior to the marrriage, or if she chose someone to marry just to stay in the country.

 

Even 14 years ago when dh and I were trying to establish the legitimacy of our union, the interviewers were TOUGH. One was even downright mean. It's easier in places like Indiana and Kentucky (two of our experience), but when we were on the East coast (NY/NJ) it was sooooo difficult. The system is set up so that only the legit and determined make it through.

 

She *can* get hired by a company, though. I think if she doesn't want to marry, she can do it legitimately and that is that. Host families can sponsor her, too. Just because it's tough is no reason not to try.

[Susan in KY]

By the way, joining the US military is a very good option if she is willing to go that route. I know several people who got US citizenship that way.

[Mrs Mungo]

By the way, joining the US military is a very good option if she is willing to go that route. I know several people who got US citizenship that way.

 

Not if she's illegal. That has already been touched upon. People outside of the US can join, people in the US on a temporary visa can join, people with a greencard can join. Illegal immigrants residing in the US cannot.

[Laurie4b]

PLEASE PLEASE PLEASE don't make this a political debate. I don't know or understand the arguments, nor do I care. Please think of this as an individual child who looks a whole lot like the one that will come give you a hug this afternoon (or in ten years).

 

Okay, I hope my friend who told me about this situation doesn't even find out I write this post and if she does, she isn't mad. But my curiosity is killing me. And I can't imagine that this is the case anyway. And if y'all know something, then the child gets a better option.

 

Here is the situation.

 

A girl is a minor, but teen, child of illegal immigrants. The parents hope she will find a nice legal boy to marry. Child has decided not to go that direction for important reasons of her own.

 

Isn't there ANY way the child can become legal? ideally before she turns 18 or immediately after?

 

It just seems that there might be a way for her to because she's been here for years. She didn't choose to come to America. She didn't choose the laws here. She has a life here though. She goes to school and has friends and and and.

 

Certainly getting married is not the only way for the child to stay here legally...Is there anything?

 

It's just a sad situation. Kids of illegal immigrants grow up culturally American. Having to remain illegal and under the radar one's entire life OR go back to a country of the parents' origin is just a crappy choice. Parents are generally hoping that the immigration laws will change, or in the case of many Mexican families I know, they feel that life here as an illegal immigrant is still better than life in Mexico. Sometimes the parents will return but leave their teen here with other family members to finish their education.

[Mabelen]

After become a certain age in teenage years, you still have to do it on your own. So even if her parents were able..she'd still have to do it as well. We had friends from South Africa just become citizens, and their oldest son who is 15, I believe, has to do it on his own. He did not automatically become a citizen.

 

I believe the cut off is 13. My oldest will have to do it on her own. I have always joked with her that she will have to help me with American history and institutions when I prepare for the citizenship exam!