Legal Question in Immigration Law in California

Re: Child (US citizen) of illegal alien and their immigration rights

Your situation has recently been addressed by a court in a similar case where a pregnant woman was being deported. The judge raised concerns about the U.S. citizen child that she was carrying. There is an argument that the child was not yet a U.S. citizen as citizenship is conveyed upon birth. However, most cases invloving U.S. citizen children and a deportable parent do not end well. Although the children can remain in the U.S., their parents cannot. Often times, the U.S. citizen child is forced to leave with the parents unless the parents cannot afford the travel expenses. This process is known as constructive deportation of U.S. citizens. The child has no right under law to be cared for by their parents and they do not have custody of their parents. As such, the children usually suffer separation or leave the U.S. It is a harsh penalty, but until the law is changed, the only solution is to bring suit and hope for a sympathetic and activist judge.

Re: Child (US citizen) of illegal alien and their immigration rights

As a US citizen a child has all the citizen's rights provided under the law, including the right to petition for a relative's entry in the States but subject to the existing preferences, including the one allowing a citizen child at its majority to petition for a parent. The details are matter of paper work.

You may want to consult a "certified" immigration attorney.