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Immigration bill and US citizen Baby

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  • Immigration bill and US citizen Baby

    The bill is about to be voted today, does any one knows if someone came to the US legally as tourist and overstayed. But during the over stay had a child (US Citizen), will his parents will be allowed to stay even if they have been here in the US less than two years?
    Does the the new bill give any chance to stay for illigals who are here less than two years but they have a US born child?

  • #2
    The bill is about to be voted today, does any one knows if someone came to the US legally as tourist and overstayed. But during the over stay had a child (US Citizen), will his parents will be allowed to stay even if they have been here in the US less than two years?
    Does the the new bill give any chance to stay for illigals who are here less than two years but they have a US born child?

    Comment


    • #3
      the bills passed the senate few minutes ago, If myself and my wife are here less than two years, but we had a baby who is a US citizen (4 months old), do we have to leave the country? Or there are any provisions for that kind of case?
      Thanks

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      • #4
        Unfortunately, under the current Senate bill S.2611 people that has been out of status in the USA for under 2 years will have to depart. No benefits available for this group.

        Now, the senate and the house are going to conference between the 2 competing bills, HR.4437 and S.2611 to iron out their differences. The are people that say that the bill will not see the day light out of conference.

        Who knows.

        Freedom1.

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        • #5
          What about if I have a bachelor degree in economics? The Bachelor degree I have is a four year university degree from my home country. Beside that I have an other degree in English as a foreign language. Also Four years of study.
          May I get the equivalence of these degrees while in the US and have any chance in the S.2611?
          Does this bill considers a bachelor degree as a Higher Education degree?

          Comment


          • #6
            Why don't you read the bill and find out for yourself.
            http://thomas.loc.gov/
            bill # S.2611, SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY

            I don't think that you fall under any eligible categories, because you've been in the country for less than 2 years. So you will probably have to leave and then apply for temporary worker visa.
            However, you have to ask a lawyer, because you may claim that your departure will create extreme hardship for your child who is USC.

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            • #7
              However, you have to ask a lawyer, because you may claim that your departure will create extreme hardship for your child who is USC

              mpodcsin, thanks for your posting.
              What did they mean in the bill by extreme hardship? Beside that my son is 4 months old, and by the time the bill becomes a law, hopefull. My son will be arround 1 year of age, he can`t survive by himself here in the US, also preventing him from his parents will make him suffer morally and financially.
              What do you think?
              All reader points of view are also welcome.
              Thanks

              Comment


              • #8
                You will NOT get any help under this bill.Regardless of your child...this bill will not help you.There is nothing you can do. You will NOT be able to regulate yourself in ANY way. There is no speak to a lawyer or amnesty or ANYTHING.

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                • #9
                  Your departure will clearly create hardship for your son. I know that for those who are subject to Mandatory Departure and Reentry (2 to 5 years in the US) there is a waiver as follows:
                  `(5 ) WAIVERS- The Secretary of Homeland Security may waive the departure requirement under this subsection if the alien--

                  `(A) is granted an immigrant or nonimmigrant visa; and

                  `(B) can demonstrate that the departure of the alien would create a substantial hardship on the alien or an immediate family member of the alien.
                  However, I suggest you consult a lawyer, because you have been in the country less than 2 years. I think that you have a little chance, but it will be very long and complicated process.

                  Comment


                  • #10
                    nobody will go back..

                    especially those here days after jan 7 2004..

                    Its really unfair because they gave more benefits for those illegals who crossed the border than the illegals that had visa and overstayed.

                    Comment


                    • #11
                      One more reason, not only hardship may result for my kid, but also my wife is Lebanese citizen and this month the department of state issued a warning for US CITIZENS to travel to Lebanon.
                      http://travel.state.gov/travel/cis_p...w/tw_2123.html

                      Since my son is US citizen and my wife doesn`t have a visa to travel to my country, then taking him to her country may be of hight risk.
                      Do you think a good immigration lawyer may file a case for her based on that? I don`t want her to apply for asylum because the situation in her country may get better and she may visit her family in the future.
                      What kind of statut may she be rewarded?

                      Comment


                      • #12
                        I agree. It is unfair to treat illegals who have been here for 10+ years and would have to pay off taxes only for past 3 years and those who have been here for 4,5..10+ years and paid taxes every year.
                        I think that they should divide not by the time they've been here, but by the documentations they had.
                        They say that those who have been in the US for over 5 years have roots here, but, honestly, if a Mexican guy for instance (no offence), illegally and knowingly crossed the border walking through the desert, I don't think that he cared for establishing roots here. I know some illegals, and I know how they live. They work, eat, sleep and send all the money they have back home to their families. Well, enough of that...
                        My point is that there should be a smarter and fairer way to distinguish among illegals.

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                        • #13
                          If she applies for asylum, she will still be able to make short, casual visits to her home country, I suppose.

                          Comment


                          • #14
                            I don`t think that if she applies for asylum she will be able to travel to her country again.

                            Comment


                            • #15
                              Can I Travel Outside the United States?
                              If you are applying for asylum and want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will be presumed to have abandoned your application with USCIS and you may not be permitted to return to the United States. If you obtain advance parole and return to your country of feared persecution, you will be presumed to have abandoned your asylum request, unless you can show compelling reasons for the return. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States.

                              Basically, if you prove that there is a family emergency, you will be able to go back to Lebanon, or your wife.
                              If you overstayed you will be banned if you leave, therefore your wife cannot travel anyways, but if she get asylum, she will then be able to apply for permanent resedency:
                              You may apply for lawful permanent resident status under INA § 209(b) after you have been physically present in the United States for a period of one year after the date you were granted asylum status.
                              p.s. I am not an attorney. This is just what I think.

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