Legal Question in Immigration Law in Louisiana

What is the process for applying for permanent residence for the mother of a child born in the US?

The mothers is here as a student on F-1 status and is pregnant with her first child. When and how can she apply for permanent residence in this situation since the child will be born in the US?


Asked on 4/04/10, 12:06 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

There is no such a process. This mother is NOT eligible for a green card after giving birth to a child in the United States.

When a child turns 21 years of age (in about 21 years from now), then he or she can petition for his/her mother. Until then, she needs to seek some other legal options for applying for residency.

The child is likely going to be a ciitzen of her mother's country of citizenship. Therefore, when mother completes her studied (on F1 visa), she can take her child with her to her country.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/09/10, 8:26 am


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