Legal Question in Immigration Law in Florida

A friend of mine became impregnated and is expecting a child soon. The problem is that, the father of the child is an illegal immigrant. Mother is all American and I understand that the child will also be a US citizen as long as he is born in the country. They are worried that the father will be deported because of his status. Can he actually be deported, even though he has his own child in US, who needs to taken care of. I know they depend on each other financially and that will be even more crucial with the baby expecting.

What can they do?

Thanks for all the help in advance!


Asked on 8/11/09, 1:18 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, he can be deported if he is illegally in USA. Having a US citizen child would provide him no excuse or protection from deportation. Even being married to a USA citizen cannot allways help to prevent deportation.

How did he come to USA? On a visa or without a visa? What visa? Did anyone ever petitioned for him? If yes, when? Do they plan to get married?

If you would like to set up a telephone consultation, please email at Attorney [@] law-visa-usa.com

Web: http://www.law-visa-usa.com

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Answered on 8/11/09, 1:28 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

The attorney who wrote before fails to ask you other questions, such as what do you mean by the person being here "illegally"? If he entered without inspection, then yes he would be subject to deportation. If by "illegal" you mean that the person overstayed their visa, then marriage to a U.S. citizen would offer protection and a defense in Immigration Court.

If the person entered without inspection, then there still may be options. Ultimately, this will require him to apply at a U.S. consulate overseas for an immigrant visa based on a hardship waiver. Hardship waivers are not easy, though, so I would consult an experienced immigration attorney before you proceed. Among the factors, being the spouse of a U.S. citizen and the father of a U.S. citizen, are helpful; more so, obtaining a psychological evaluation by a family specialist is also the norm.

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Answered on 8/11/09, 2:10 pm


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