If a illegal woman has a child on us sole?

Question

does she become legal.. what would happen if the ins found her and the child.. does she get deported and the child stays..

hypo question here..yes i am legal.. and yes i am american.but i am female and wondered what happens to the children in such a case?

Answer 1

An illegal alien does not have any way to become legalized or get any sort of visa by having a child in the US.  Any child born in the US to a citizen of another country is not (contrary to common misperceptions) automatically a US citizen.  It has a right to citizenship in its parent's country of citizenship, so it is a "dual national" and must choose one citizenship or the other by age 18.  The parents can obtain a passport for their child from their home country and take their child to their own country with them.

Many people think having a baby in the US will get them citizenship (hence "anchor baby") or prevent their deportation, but niether is true.  The hidden flaw in the notion of the "anchor baby" is not just that the child will have to be 21 to sponsor a parent's immigration.  If the parent departs or is deported and leaves their child behind, that is abandonment.  Parental rights can be terminated and the child taken by the state to a foster home.  Since the child is no longer "their" child, the child cannot sponsor people who are not legally his/her parents!

Anyone who departs or is deported can take their child with them to their own country.  That is their one and only right.

Answer 2

A child born on U.S, soil (not sole) to a woman that is illegal does not make that woman a U.S. citizen, however, her baby is a U.S. citizen. There have been a few illegal mothers that have gotten deported, but not enough to make a difference. Go to any U.S. emergency room (those that are still open) and you will see the impact of illegal immigration.The U.S. emergency rooms are over crowded with sick children born to illegals and also sick illegals. It is prohibit by U.S. law to turn away the sick, no matter their status or if they do not have health insurance. U.S. health care has become so expensive and sub-standard.  It is sad that U.S. citizens and legal immigrants can't afford health insurance, so they too must take their children to emergency rooms, which makes the emergency rooms even more crowded. It is just a vicious cycle with no solution in sight.

Answer 3

She is still illegal and can be deported at any time.

There are over 1 million babies born in the US where one or both parents have been deported.

Do yourself and any future child a favor and have the baby in your home country.

If you want to immigrate to the US, complete the papers and follow the law.

It is very selfish to bring a baby into the world to try and stay in the US.

When you ask such a question don't be surprised when people think you are illegal

Answer 4

It's soil not sole. The child is a US citizen if it's born in the US. She has the choice of taking it with her to her home land.

Answer 5

In almost all the world, and by our constitution, the citizenship of the baby follows the mother.  

If the mother is an illegal alien, the citizenship of the baby is the same as the citizenship of the mother.

Some years ago, a clerk made a mistake and we began allowing illegal aliens to claim the children as citizens because they were born here.  That has not been corrected, and if you research the matter, you discover the women have been using that facet of our idiot laws for a good while now.  It is very, very expensive too.

Answer 6

Village.

Answer 7

No, she doesn't automatically become legal.

If the ICE finds her, she will get deported, and can either leave the child with legal family here, or take the kid back to her homeland.