Legal Question in Immigration Law in California

Gave birth in US... what now?

We arrived in the USA with a tourist visa from Italy to Los Angeles and we now live here. I am Italian/British (holding both passports) and my wife is Mongolian (with no Italian citizenship yet).

We over-stayed the 90 days limit of our visas, and my wife just had a child. We know that the child is American, but what happens now to the two of us? Can we stay here? Can we work here? Can we freely go abroad and come back?

Thank you


Asked on 7/09/03, 5:57 pm

3 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Gave birth in US... what now?

1. Nothing;

2. No;

3. No; and

4. No.

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Answered on 7/11/03, 2:19 am
Larry L. Doan Law Office of Larry L. Doan

Re: Gave birth in US... what now?

This is a common Q on this board. A US citizen child won't be able to help the parents until the child is 21! Otherwise, people can just put one foot across the U.S. border, have a kid and be legal. American law is not as easy to go around as that.

Be careful of other attorney's advice. If you have already overstayed your visa as you stated, you can't change to any other kind of temporary visa unless there were extraordinary circumstances beyond just overstaying. But even to think about changing visa, you have to first be eligible for that new kind of visa (such as H-1, L-1, E-1, etc.) which will entail thousands in legal fees from any competent immigration law firm. It's not clear if you're here on a visa waiver (both Italy and the UK qualify), but if you overstay, you can't change to any other type of status.

You are currently here out-of-status and could be subject to removal (deportation) any time. You're better off going back to your country so you're not more out-of-status. Be wary of offers for labor certification because you'll spend lots of money on legal fees and the process will take years, and in the end you'll have to go back to your country anyway to get final papers which, under current law, could be a problem.

Liem Doan, Esq.

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Answered on 7/10/03, 1:21 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Gave birth in US... what now?

Just because you have a US citizen child..you are not eligible for anything immediately. We still can help you out..there ARE lots of other possibilities!! Please take A LOOK AT MY SITE AT WWW.LAWYERS.COM/AMYGHOSH

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Answered on 7/09/03, 7:04 pm


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