Hypothetical question...

[ninkasi]

If an illegal alien gets pregnant in this country, and the father was born here, and is legal...how does the mother of the child obtain citizenship? Let's say that the hypothetical mother is from Mexico. If she in some way violated the immigration laws by returning to her native country, then returning, what are her options?
Even though this is strictly hypothetical, I would really appreciate any input from intelligent DUer's.

[Selatius]

1. I assume you know somebody in this predicament

The best advice is to call a lawyer. If you're seeking legal counsel, you'd best look elsewhere for counsel unless somebody here is a lawyer. I'm no expert in immigration law, but this person you speak of is in a world of legal issues right now.

[ninkasi]

2. You're right....

I'm sure that's the best advice. The hypothetical person in question probably needs to see a lawyer who specializes in immigration. I only asked because of the awesome amount of knowledge that DUers have. Thanks for responding!

[tocqueville]

3. it's the old question of right of soil or right of blood.

the child is born in the US and automatically US citizen. So it has the right to stay. It's normal that the mother
takes care of him if she can prove she can in a decent way. She doesn't have to be a US citizen for that but as a guest she must be protected by US laws. She can then obtain citizenship by normal procedures. That's the "risk" of the right of soil.

The fact that the father is American and if there is a legal marriage overrules anyway everything and she has the right to stay. She can apply for citizenship by normal procedures. But if the father is on the run, situation above should prevail. But it's anyway to her advantage, from the moral point of view.

What immigration rules can be violated by RETURNING to your home country ? If she can prove that she is Mexican, what can the Mexicans do if she hasn't done anything illegal ? Of course it could be a problem for her to get back, lacking papers.

If you replace it by right of blood, can only be American citizen somebody that can prove he/she has American direct ancestors for at least say a couple of generations. But the consequences for immigration are going to be tremendous. And the risk that you have a two speed society with Americans and "legal aliens". Germany has experienced that and regrets it today.

If the mother experiences problems with the US authorities she can always pretend that she is a born-again Christian. That overrules all legislation.... :sarcasm:

frankly I'll see a lawyer or marry her

[ninkasi]

5. Thank!

In this situation, the father is an American citizen, born here...the mother is Mexican, with an expired visa. I'll pass on your info to this hypothetical couple. I've even explored, just for the sake of discussing hypothetical situations, adopting an adult in order to confer citizenship.

[pinto]

4. Try here. National Immigration Law Center:

http://www.dca.ca.gov/r_r/legalso1.htm

They have probably seen the situation you mention.

[PuraVidaDreamin]

6. From what I understand, the mother stays legally until the child

is 18 yrs of age.

[ninkasi]

7. Ahh...good to know...

Thanks! I'll research that.