Legal Question in Immigration Law in New York

Re: Working Papers

Aliens (persons without claim to U.S. citizenship) have no automatic right to residence and work in the U.S. based on giving birth to a child in this country. Generally, U.S. immigrant visas (and the right to an employment authorization document) are premised on the following: (i) certain family ties to U.S. nationals or lawful permanent residents; (ii) qualified employment offers/status; (iii) a "win" in a Diversity Immigrant visa lottery program; or (iv) successful asylum claim or refugee status. You may or may not fit within one of these categories depending on your individual history and circumstances, which should be reviewed by an immigration attorney. In some unique situations, a humanitarian parole or another type of relied may be available to qualified applicants.

The child born in the U.S. would normally be entitled to U.S. citizenship but would not be able to sponsor his/her parents for a visa until the age of 21.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.