Question

[Anna67]

I entered the US legal as a student but I overstayed my visa
I got married to a US citizen and waiting for I-485 interview, we have a baby together
We have problems and we may file for divorce
how this would affect my case? also being a mother to a US baby would help me with I-485 even if I am divorced, or I could adjust my status other way?

 

[leroythelion]

I entered the US legal as a student but I overstayed my visa
I got married to a US citizen and waiting for I-485 interview, we have a baby together
We have problems and we may file for divorce
how this would affect my case? also being a mother to a US baby would help me with I-485 even if I am divorced, or I could adjust my status other way?

Your child can sponsor you for Permanent Residency when he/she is an adult. Other than that, you'll have to work things out with your spouse. A long overstay pretty much eliminates any other options.

Brian

 

[Karlshammar]

It depends on the length of your stay. You may be subject to a 3 or 10 year ban if you leave.

Your child's citizenship status will not help you now. A U.S. citizen has to be 21 years old to sponsor their parents for a green card.

However, there is a provision of immigration law that says that a person who has deportation suspended because his/her removal would cause great harm to a U.S. citizen will be granted lawful permanent residence status. So, if your child were to be raised and live here until say, 10 years of age, the removal of his mother would mean that either a) he loses his mother or, b) he must go with her to another country where he has never been and might not even speak the language. Both of them clearly harmful to this little U.S. citizen. This is where the term "anchor baby" comes from...

But it's a very tricky legal matter. I don't know much about it, so, you know, check with a good immigration lawyer.

I entered the US legal as a student but I overstayed my visa
I got married to a US citizen and waiting for I-485 interview, we have a baby together
We have problems and we may file for divorce
how this would affect my case? also being a mother to a US baby would help me with I-485 even if I am divorced, or I could adjust my status other way?