Legal Question in Family Law in Massachusetts
rights after gavin birth
a mother is elegel here but is goign to gave birth to a child here in Massachusetts in about 7 months does the mother taht is legal here turn legal ? what happens?
3 Answers from Attorneys
Re: rights after gavin birth
If the child is born in the country, then the child has citizenship, however, the mother does not "become legal" by giving birth and can still be deported. If deported, she will have the option of leaving the child in the United States or taking the child with her. A infant child cannot "sponsor" an adult parent.
Re: rights after gavin birth
The mother will continue to be an illegal alien. However, if the child is born on US soil, then the child is a citizen of the United States. The mother can still be deported.
Re: rights after gavin birth
The mother does not automatically obtain any status in the USA by giving birth in US soil. The child is a US citizen if he/she is born in the USA. Once the child becomes 21 years old, assuming, under current law, that the mother entered the country legally, he/she could eventually petition for her. If the mother were to be placed in deportation proceedings and she can prove she has continuously lived in the USA for 10 years or more and has a qualifying US citizen relative (in this case, her child), she could petition the court for cancellation on removal based on the extreme hardship the child would suffer if she were to be removed from the USA.
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