Legal Question in Immigration Law in Texas

If you are here on expired visa and you have a child born here, what does that do in reference to your possible deportation?


Asked on 8/20/09, 9:46 am

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Child born in USA is a US citizen (and most likely a dual citizen, having also a second citizenship of your native country), however, you still can be deported because you gain no right to remain lawfully in USA by virtue of having a child in USA.

Your child might be able to petition for you only when they turn 21 years of age.

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Answered on 8/20/09, 9:52 am
Amen Obas AMEN LAW FIRM

If you have been physically present for a period of 10 years and you are able to show that your child will suffer extreme hardship, you MAY qualify for relief from removal.

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Answered on 8/20/09, 3:27 pm


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