Legal Question in Immigration Law in Arkansas
deportation from birth of child??
Im not sure if this exactly pertains to immigration law but me and my boyfriend have been together for 4 years he came here illegally 5 yrs ago he is salvadoran and he is not a us citizen nor has a social security card. i am 2 months pregnant with his child and I am a US citizen. I am trying to get medicaid and food stamps for myself and was wondering if I put his name on the birth certificate and if I recieve help from the government (medicaid) will he be deported? Because a friend told me that if you recieve help from the gov. and your not married they will try and get child support from the father. Therefore, if he is not a US citizen could they deport him as a result? And if we were to get married before the baby is born wont the chances still be the same?? Please help me.. Anyone.
1 Answer from Attorneys
Re: deportation from birth of child??
If you and your boyfriend have been together so long, and now are expecting a child, if you intend to keep the child, I suggest you get married. Then I suggest you file a petition for him in order that he may be eligible to obtain his green card. Now, there are a few details I need to know about. If he entered the U.S. sometime in early 2001, he may have been eligible for temporary protected status. He can still file late, but had to be here at that time. You say he has been in the U.S. for five years -- check with him to make sure. Lastly, if he entered illegally, in order for him to get his green card, he must return to El Salvador and enter via the embassy. That is a process that must be explained. But if your boyfriend has no criminal convictions, it is likely he will be able to reenter the United States and you both can live happily everafter with your child or children. Good luck. Call my office for a consultation if you need more details.
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