Isn't having an "anchor baby" admitting to a felony?

Question

It is a felony to enter the US without going through an official entry point. If a woman sneaks across the border and later has a baby in the US, shouldn't the birth certificate be evidence of a felony?

Given that, should HLS grant a petition to the mother when the baby is an adult - or should they deny her petition based on the previous felony?

Answer 1

While coming to the US illegally is against the law, it's not a felony under immigration law. So, technically, no, the birth certificate is not evidence of a prior felony. It could easily be evidence of a prior immigration violation, but the maximum penalty for someone who's been here illegally is a 10 year ineligibility for any visa. So, by the time the child turns 21, they may well no longer be ineligible.

Answer 2

Yes it should.  Have you considered running for the Presidency on a write in level?

Answer 3

While the birth certificate would be evidence of a felony, unless she was charged and prosecuted then she won't have a felony on record.

That being said, should her child try to petition for her to come to the US, she'd have to declare previous visits to the US. It would stand out in her application if she had no previous visits but her child was born in the US. If she did declare an illegal crossing into the US, that could also cause her problems.

Depends how on the ball USCIS is when looking at a case like this.

Answer 4

Bottom line here, the current

TREASONOUS administration

wants as many ILLEGAL immigrants in the U.S.A.

as possible!  Flood the country with people who are only marginally employable and distroy AMERICA from the inside out.

The current administration in DC doesn't have any allegence to the U.S.A.  they work for Multi-national and Trans-national Corporations.

that is GREED INC.!

Answer 5

NO! and NO!