Legal Question in Immigration Law in California

I have a child who was born in USA. Should I eligible to get GreenCard/Citizensh

I came to the USA with L1 visa in 2000 March, my wife came to USA in June 2000 with L2 visa. My son was born in USA in 2001. Now the company who bring me here with L1 visa ask me to leave the country(by 02/28/2002) and go back to home country. (As they don't have work here). Now as my child born here, so he has USA Citizen. Now as my company ask me to go back my home country, I have to take my child to my country. In this case he can not grown up here. Is there is any way to get Green Card/Work Permit for me such that I can continue to stay here and my child will grown up here ?

If so, what is the procedure?


Asked on 2/20/02, 9:04 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: I have a child who was born in USA. Should I eligible to get GreenCard/Citiz

No, he won't be able to petition for you until he's 21. Otherwise, it would be so easy to beat the law by just crossing the border and having a baby here.

Why won't he be able to grow up in your country? You did. And you have an L-1 visa, which means you're an executive or manager for this company, so you were making a pretty good living in your country, I presume, for the same company. Your son is only one-year old so he should be able to adapt to life if his parents are with him.

If you have no parents who are US citizens, the other major way to get a green card is to have a company give you a job offer and petition you through the labor certification process. This could take years unless you're in some category of extraordinary aliens in your field (perhaps top 1% or so). Since there's not much time, you may have to change to another nonimmigrant (temporary) visa such as an H-1. If you become out-of-status, this could create big problems later.

Liem Doan, Esq.

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Answered on 2/20/02, 10:50 pm


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