If Ihave beenliving in the US illegally for 10 years but I have given a birth us citizen, can I apply for green card ?

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If Ihave beenliving in the US illegally for 10 years but I have given a birth us citizen, can I apply for green card ?

Asked on September 29, 2011 under Immigration Law, Virginia

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, having a US citizen child does not confer any immediate immigration benefits upon you.  If you have a child who is a US citizen, that child will be able to petition for you once the child turns 21.  However, you will only be able to legalize your status within the US on the basis of that petition if you entered the US lawfully.  If you entered the US unlawfully, at least under the current immigration laws, you would need to go back to your home country to consular process (at that time) and departing the US causes you to automatically trigger a 10-year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is very difficult in most cases.


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