Orange Park, FL asked in Immigration Law for Florida

Q: When child born in USA to illegal alien, what are their rights

I know a family of five children, three (15, 17,and 18 years old) were born in Mexico but migrated with parents at early age. The two youngest (7 and 10 years old) were born here in the United States. Father was killed in accident in 2006, children are all in school, no legal trouble and speak perfect english. None of the children know anything of mexico as a home. Mom was recently arrested for driving without a license and now faces deportation. Is there anything that can be done to help family stay legally in the US. All three of the older children desire to serve in the Military.

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1 Lawyer Answer
Gus M. Shihab Esq
Gus M. Shihab Esq
  • Immigration Law Lawyer
  • Columbus, OH

A: Dear Sir/Madam,

You describe a situation which is very typical of undocumented immigrants. The children are obviously US Citizens and can stay but the problem is that the mother may not be. We do not know the mother's full legal situation and whether she is able to somehow qualify for immigration. But if she is unable to do so, you will find the US Immigration Authorities and the Immigration Judges not very sympathetic of this situation. Even if the Children do not know if anything about Mexico, the Judges are not very sympathetic and they could suggest that the mother take the children to Mexico with her. Thew writer has been in Immigration Court before numerous times and witnessed similar situations treated in this manner.

I suggest that the mother seek the assistance of competent immigration counsel to examine her situation carefully and find out whether there are ways for her to remain in the US. It appears that the mother may have been present in the US for 10 years and she could be eligible for relief from removal called "cancellation of removal." However, this needs to be inquired about carefully with immigration counsel.

Best of luck.

Gus M. Shihab

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