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2 years, 9 months ago

*Very Important* Immigration laws concerning a mother and her child. I don't want to lose my friend.

I have a friend that is married currently to a very nasty man and she is only still living with him and married to him cause of immigration. She and him have a baby that was born here in the states. She is not a US citizen but her baby is and so is her husband.

The question is if she was to divorce him would she be deported? Second question she is saying she got some letters from immigration saying her immigration status was denied I thought since she had a child her in the states she automatically gets to stay here? What are her options? She really wants to stay in the states.
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aleghart | 2 years, 9 months ago
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The term commonly used to describe an unqualified parent seeking to stay in the U.S. by having a child is "anchor baby".

An honest lawyer as well as an honest client are both necessary to ensure success. When one or both try to cheat, it can end badly.

Does she have an immigration attorney yet? After the notification of denial, I'd think that would be #1 priority.

Having a child does not automatically qualify you for citizenship. I had a co-worker who was put in jail awaiting hearing for deportment. She was pregnant at the time, and had the first baby of the new year. There were tons of sponsors giving gifts & stuff along with newspaper interest...then they found out that she was on track to be deported.

In 2007, Toys'R'Us had a public relations nightmare when they disqualified the winner of their $25,000 prize for first American baby because the mother was an illegal Chinese immigrant. They cited the official rules where the mother must be a legal resident, but the backlash from the Asian community, the press, and the media from overseas in Asia caused Toys'R'Us to award the prize.

There is a proposal to outlaw anchor babies in federal immigration law -- H.R. 1868: Birthright Citizenship Act of 2009

There are pros and cons. From a personal standpoint, many people would fear the deportation of friends and family. For others, there would be a reduction (how measurable is questionable) of immigrants who came into the host country illegally.

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