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How to become legal citizen of the United States if you have children here

How to become legal citizen of the United States if you have children here

Full question:

I have a relative that's a US citizen and married an illegal from Mexico. She has been here in the U.S. illegally for about five years now. They have two children together one is two years old the other is four, both born US citizens. My relative just got diagnosed with cancer and has only a few months to a year to live. His wife wants to stay in the US with her children. What are her rights? How can she become legal?

Category: Immigration
Date: 04/07/2025
State: National

Answer:

An immigrant is someone who is not a U.S. citizen but has been authorized to permanently live and work in the United States. To become an immigrant, you must go through a three-step process. First, the USCIS must approve an immigrant visa petition, I-130 Petition for Alien
Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.Second, a visa number, through the State Department must be immediately available to you, even if you are already in the United
States. If you receive an immigrant visa number, it means that an immigrant visa has been assigned to you. The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin. Third, if you are already in the United States, you may apply to adjust to permanent resident status after a visa number becomes available for you. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to your local U.S. consulate to complete your processing.

People who want to become immigrants are divided into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant
visa number will be immediately available for immediate relatives of U.S. citizens.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I stay in the U.S. if my child is American?

Yes, having a U.S. citizen child can provide some options for undocumented parents. While it does not automatically grant legal status, it may allow for certain immigration relief or pathways to adjust status. Parents can apply for a green card based on their U.S. citizen child's petition when the child turns 21. Additionally, some may qualify for Deferred Action for Childhood Arrivals (DACA) or other forms of relief depending on their circumstances.

What happens to children of undocumented immigrants?

Children of undocumented immigrants who are born in the U.S. are U.S. citizens by birthright. This grants them certain rights, including access to public education and healthcare. However, their undocumented parents may face legal challenges regarding residency status. The citizenship of the child does not directly affect the parent's immigration status but can be a factor in seeking legal options.

What happens if you have a baby with a non-U.S. citizen?

If a U.S. citizen has a baby with a non-U.S. citizen, the child is a U.S. citizen if born in the U.S. The non-U.S. citizen parent may explore options for legal residency through the U.S. citizen spouse or child. This typically involves filing an I-130 petition for the non-citizen parent to seek a green card, provided they meet eligibility requirements.

What happens when an illegal immigrant has a child in the U.S.?

When an undocumented immigrant has a child in the U.S., the child automatically becomes a U.S. citizen. This does not grant the undocumented parent legal status, but it may provide some avenues for relief or legal options in the future, especially if the child is a minor. The parent may eventually seek legal residency through their U.S. citizen child when the child reaches adulthood.

What happens when a U.S. citizen marries an undocumented immigrant?

When a U.S. citizen marries an undocumented immigrant, the U.S. citizen can file an I-130 petition for their spouse to start the process of obtaining a green card. The undocumented spouse may be eligible to adjust their status if they meet certain criteria. However, if they have been in the U.S. illegally for over 180 days, they may face a bar to re-entry if they leave the country.