Legal Question in Immigration Law in New York


Marlene Hemmings

Marlene Hemmings, Attorney at Law

Woodland Hills, CA

My previous Ques was:

" If my wife delivered a baby is USA, as US law, the baby will be US citizen. My question is , what will be baby"s mother or parent's status? Do baby's mother or parent can stay is USA permanently ?"

Your statement regarding this issue was:

"The child will be a U.S. citizen, but it gives no legal status to the parents. If the parents are not in legal status in the U.S. right now, then they cannot stay permanently in the U.S. (they will still be considered in unlawful status). The child can petition the parents for U.S. Permanent Residency once the child turns 21 years old."


1. if the parents have legal status like " F1 visa", "B1/B2" visa, then what happen?

2. If the parents did not get stay permission in USA, then the parents leave USA with baby at their own country. Do US law support this kind of situation ?


Asked on 8/17/16, 10:21 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Hi there!

Even if the parents have F-1 or B-2 status, they cannot derive U.S. legal permanent residence from the child until the child turns 21. There is no U.S. immigration law that permits parents of U.S. citizens under 21 to remain in the U.S. unlawfully, just because their child is a U.S. citizen. You will have to decide whether to find another way to legally immigrate, take your child to your home country, or remain in the U.S., even if it means being out of status.

Good luck.

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Answered on 8/18/16, 8:15 am

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