Legal Question in Immigration Law in California

Child (US citizen) of illegal alien & their immigration rights

A child (US citizen) of an illegal alien mother has certain immigration rights I believe. Can the child secure legal counsel to protect their right to remain in the US and be cared for by their birth mother, an illegal alien? If not, what would be the legal remedy to ensure these children can remain in the US and fight for ''custody'' of their mother.


Asked on 8/26/04, 9:34 pm

2 Answers from Attorneys

Francis R 'Francois' Favre, Esq. The International Lawyer

Re: Child (US citizen) of illegal alien & 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.

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Answered on 8/30/04, 9:35 pm
Armen Tashjian Law Offices of Armen M. Tashjian

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

I believe that under right circumstances a strong case can be made on behalf of USC child for extreme and unusual hardship due to forced separation from parents, if the parents satisfy other prongs of cancellation of removal requirements.

If the parents are willing to leave the children in US, perhaps foster care and take measures in relinquishing custody to the County then the USC children will likely have a claim, through a guardian ad litem to raise a constitutional question, essentially tying up their case in the system for many years and even having the possibility of making new law.

I would, under the right circumstances take on such a case with pleasure.

Good luck.

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Answered on 8/26/04, 11:08 pm


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