Option for non-immigrant mother?

I

itchibahn

New Member
She came to US with student VISA and she graduated. She was able to convert to H1-B work VISA and got a job for about 4 to 5 years, then got laid off. Now, she couldn't get a job in her field as they are all requiring green card. Her H1-B status expired, and now working in restaurants as a waitress.

She met a guy (US citizen), thought as her dream man, but turns out married. She got pregnant and had a son. I understand that her child is US citizen, but is there anything that can be done to help her to get her green card or some sort of permanent resident status?

Thanks.
 
She undoubtedly has too much unlawful presence and unauthorized employment to get a new work visa (immigrant or non-immigrant). Only an Immediate Relative of a USC (spouse, parent or unmarried child under 21) can adjust in a situation like that. A USC must be 21 to petition for a parent or sibling.

If she leaves the U.S. she can't come back for 10 years.
 
Barring finding another unmarried US citizen dream man, her only option is to wait for her son to turn 21.

itchibahn said:
I understand that her child is US citizen, but is there anything that can be done to help her to get her green card or some sort of permanent resident status?
Click to expand...
 
Thank you all for replies. It's too bad, she's been here over 10 years and is a hard working person. 20 years to wait before her son becomes 21, ouch! If the father finds out about the child, will she lose her child when she leaves US or will she be entitled to a custody battle?
 
itchibahn said:
Thank you all for replies. It's too bad, she's been here over 10 years and is a hard working person. 20 years to wait before her son becomes 21, ouch! If the father finds out about the child, will she lose her child when she leaves US or will she be entitled to a custody battle?
Click to expand...

Custody is ruled by individual state laws, not federal law (except for the constitution which vests such matters to states and includes constitutional rights in general). Immigration status is irrelevant in that matter. Facts influenced by one's immigration status can come into play in a custody dispute. Where will the kid reside, visitation rights, child support, education... You said IF the father finds out.... If he doesn't know, what can he do? It's not like all that many single fathers of out of wedlock kids are daily fighting for custody in the U.S. or anywhere as far as I know.
 
How long has she been in the US? if she its greater than 10 years then she MAY qualify for cancellation of Removal...ie. if she can prove extreme hardship on a USC. (her son). A competent attorney is required to proceed with any case such as this. Out-of-status work will definitely be an issue. I am sure there are others who can address COR clearly.
 
You must log in or register to reply here.
Top