In the worst case

Zuchini

Registered Users (C)
I applied the I485 last jan., now I lost my job and since I will have a baby soon, there seems no way for me to get another job in a while. My husband used H1 to work, but recently his company may have the lay off action. I just want to know if in the worst cast my I485 case got denied because of I lost job, and at the same time my husband also lost his H1 status, is there anyway we can stay legally because of our baby? Since he is american citizen, is there any law to protect his parents to stay and raise him?
 
not heard of such law

This might be quite unwelcome message for you...but...the US government does not allow to stay in such case even though you have an american citizen child. The child has to sponsor for your GC and return to your native country/elsewhere till your GC approval. However, you may be lucky to get approved for GC without RFE, even though you are out-of-country.

Get expert opinion from your Attorney...
 
I feel really sorry about your situaton.
As I know, a woman with preganance is protected by laws, which means that she can not be laid off at a certain time. Try to consulate your lawer for this.

Having a baby born here definitely can not help you and your husband out of your current situation at all!
 
Re: not heard of such law

Sorry to hear about your position.
Originally posted by pagero
The child has to sponsor for your GC and return to your native country/elsewhere till your GC approval.

As mentioned by pagero, american citizen child can sponsor parents after the child turns 21. Then it falls under family based immigration - 5-8 years, I thinnk.

You might get approved without RFE, or you can try to explain about your situation. Anyway, it is good to get good legal advise.
 
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