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  • Fetus right

    A friend of mine has been told to leave the contry within 30 days. However, he and his wife are expecting a baby in Dec. Is there any way they can file a petion to extend their stay for some time. Technically, the baby is US citizen. Any help or suggestion will be greatly appreciated.
    Some imp. Info:
    Lost asylem case
    Living in Texas.
    Currently in legal status with work permit.
    Thanks

  • #2
    A friend of mine has been told to leave the contry within 30 days. However, he and his wife are expecting a baby in Dec. Is there any way they can file a petion to extend their stay for some time. Technically, the baby is US citizen. Any help or suggestion will be greatly appreciated.
    Some imp. Info:
    Lost asylem case
    Living in Texas.
    Currently in legal status with work permit.
    Thanks

    Comment


    • #3
      There are a couple of relevant legal cases: in one, the fetus was held to have US citizenship because the father was a US citizen and deportation of the mother was held up. In the other, currently going on, a pregnant woman who was deported to Mexico and is there now is trying the citizenship argument and losing. The government is arguing that the 14th amendment specifically makes citizens of those BORN in the US--not conceived here.

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      • #4
        "Technically"--the fetus is not a citizen of anywhere yet.

        Comment


        • #5
          No, the baby is NOT a US citizen. The constitution clearly spells out that the person must be BORN in the United States to become a citizen. Since the baby has not been BORN s/he is not a citizen!! It is very clear.

          Unless the pregnant women's condition is so serious that she cannot travel to her country (simply being pregnant is not a valid reason to stop deportation), they are within thier rights to deport her.

          If they were to make it so that unborn babies were considered US citizens, they would have to outlaw abortion because they'd be acknowledging that the unborn babies are human. There are too many people out there that wouldn't let that happen because they want to be able to legally kill unborn babies.
          Have a nice day

          Comment


          • #6
            http://www.univision.com/content/con...d=0&cid=429796
            Have a nice day

            Comment


            • #7
              Thank you all for your comments. Is there any solution to this, or help we can go seek somewhere? Is any state better then others to file this kinda case?

              Comment


              • #8
                What case? You don't have a case.

                Even if the baby is born here, that will not change the parents' immigration situation.
                Have a nice day

                Comment


                • #9
                  I am not talking about the case, I am talking about the petition or request to immigration for extension of stay.I also understand that having baby born in US do not make them legal in US but all they want to do is give birth in US and not have further complecation and go back home. We are looking for a possible solution here.

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                  • #10
                    If I am understanding that article that you posted off Univision, they are bringing her back to protect the health of the baby!!!! Hell no that baby is not a citizen of no where and if she is not legal here I feel that she should give birth in her native country! Just becasue the baby was concieved here she should be able to give birth here??? Hell NO!

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                    • #11
                      AND the judge that blocked the deportation is WHERE I AM FROM, KANSAS CITY!! I'm goinna have to look him up!! He is all wrong!!!!

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                      • #12
                        Playa- unless the mother has a serious medical condition that would make it impossible for her to go home (a normal pregnancy is not a serious medical condition), then her deportation order is not going to be stopped. Wanting to give birth here is not a valid reason to stop the deportation. You'll have to prove that the mother can't travel in her condition and unless she has a special condition, it's probably not going to fly. If they're really desperate to have the baby here they could probably throw a huge stink and try to draw things out long enough to have the baby....... I'm not trying to be critical or mean, I'm just stating the truth. Sorry if it's harsh.
                        Have a nice day

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