Legal Question in Immigration Law in New Jersey

aliens and children of aliens

1. has a uk national any right to stay without a green card of work permit for an extended period (of years) in america.

2. does the rule apply to an alien that says that one way to stay in the us is to be related to a us citizen when this us citizen is a child of the illegal alien and was born in the us within the past four years.

3. if this is not the case, would a mother be deported even though she has two children born in the us and has another baby on the way.

4. if she was deported, in all cases are the children sent with the mother or is there a possibility that the us would take the children and deport only the mother.

hope this makes the questions clearer.

thanks.


Asked on 3/02/03, 7:55 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: aliens and children of aliens

1. No one, including a UK natinal,has the legal right to stay in the US without authorization either as a lawful permanent resident or on a nonimigrant visa or as a visa excempt alien. 2. Having a US citizen child does not give someone the right to live here. A US citizen child cannot confer any immigration benefit on a parent until the child is 21. 3. If you are encountered by the successor agency to Immigration and you are illegal, and you have no legal right to remain in the US, you will be arrested & either placed in removal proceedings (or removed without a hearing if you entered on the visa waiver program), even if you keep having US citizen children. If you are arrested after if you have been living here for more than 10 years and have entered on a visa, not on the visa waiver program, you may be eligible for cancellation of removal based on demonstration of extreme and unusual hardship to US citizen children. 4. The US government will never deport US citizen children. The mother can leave the children with a friend, relative or give the children to the Department of Socal Services for placement in a foster home when she is deported.

Read more
Answered on 3/03/03, 1:10 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: aliens and children of aliens

Dear Sir or Madam:

The circumstances you have described appear to indicate that "unlawful presence" has accrued and which must be discussed in detail before any advice is provided. You may be subject to a bar, deportation, etc. in such circumstances. You may contact my office at (732) 985-1310 to set up a consultation.

Thank you,

Sameer Kumar

Read more
Answered on 3/03/03, 3:46 pm


Related Questions & Answers

More Immigration Law questions and answers in New Jersey