Legal Question in Immigration Law in California

Expired Tourist Visa with a legal american baby

My friend is here in California over 6 years on a expired Tourist Visa and she lives with a legal green card holder resident over 6 years and has a baby with him that was born here in US. They are not married.

What are her rights in terms of if she returns home can she take her baby ? What are the documents necessary for her to travel with her baby overseas ? Can the father interfer with her returning home with the baby ?

IF she stays does she has any legal rights to legalize her status here and obtain a green card due to her child being an american citizen ?


Asked on 2/06/03, 2:19 pm

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

Re: Expired Tourist Visa with a legal american baby

Right now she has no rights. She's illegally here and has nothing under immigration law because she's not even married to the green card holder. Even if she marries him, it will take many years for her to get her papers unless he becomes a US citizen. If she leaves the US, she won't be able to come back for 10 years, if at all. The baby can't help her until it turns 21.

Liem Doan, Esq.

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Answered on 2/07/03, 2:06 pm


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