Legal Question in Immigration Law in California
Having children in America and being unable to work.
My question is in regards to immigration. The situation: A woman who is born in Tijuana, Mexico to a Mexican mother and American father, and parents never applied for a permanent resident card but she has lived in the U.S. most of her life. Now that she is of age and graduated from High school she finds she has no options on how to steer her life, since she can't attend college or get a job without proper documentation. She is a mother of two, and both children born here in the U.S. She does not keep in touch with her father. What are her options and what steps could she take to assure that she won't be deported and her children left motherless and what could she do to get documented in order to get a job and attend school;but what should she do considering she is alredy here in the U.S. How should she go about applying and what kind of visa could she obtain? Is sponsorship an option through a relative who is a cousin, or could she become a foreign nanny? What do you recomend and what avenues should she search?
Thank you.
2 Answers from Attorneys
Re: Having children in America and being unable to work.
If the father is a US citizen, then she is eligible to apply for a derivative citizenship. She must be able to prove that her father is a US citizen in addition to some other requirements.
She should not exit the US as it may pose some problems at re-entry. Call a COMPETENT immigration attorney or call me at (323)782-0099.
Re: Having children in America and being unable to work.
Thank you for your posting, and I am sorry to hear about your "friend". I am sure the situation must seem bleak.
The fact remains, your friend is here illegally. The first step is to have her enter the country on a valid visa. Depending upon her situation, this can be done through a student visa, a visitor's visa, or a family petition, and must be done out of the country (although this can be as simple as a trip to the consulate in Tijuana and then a reentry to the U.S.).
Petitioning through a relative might be possible, but it must be immediate family, not a cousin. Also, becoming a nanny is possible, but must be petitioned by the employer while she is outside the country, and must show that no one else within the country is available for that task.
My best suggestion is to sit down with an immigration attorney and go over all of her options, and allow her to decide. Thanks, and best of luck.
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