Myrtle Beach, SC asked in Immigration Law for South Carolina

Q: What would happen to the American born child of an undocumented Mexican woman if she were to be deported.

The baby's father is Puerto Rican and has abandoned them. He refuses to help obtain a passport for the child, so the mother and child can return to Mexico together.

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
  • Immigration Law Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: It sounds like they must return together, as the best option, if she were to be deported.

For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for permanent residence as an abused spouse of a USC. (As you may know, here in SC we still have "common-law marriage" which does NOT require a marriage ceremony ... and USCIS will honor state law on marriage issues.)

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