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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.