sms84 Posted January 4, 2016 Report Share Posted January 4, 2016 Hi, Have a quick question. Does immigration deport you if your green card does not get approved? Also what happens to a US born child to non immigrant Visa holders, will they deport the child also? Our child is US born and we are non immigrant (H1B and H4 visas). Our green card is still in process but was wondering what happens suppose in case if our green card gets disapproved do we have to go back to our country or can we still stay here as our child is US born? Kindly advise on this one. Thanks Link to comment
rahul412 Posted January 4, 2016 Report Share Posted January 4, 2016 Hi, Have a quick question. Does immigration deport you if your green card does not get approved? Also what happens to a US born child to non immigrant Visa holders, will they deport the child also? Our child is US born and we are non immigrant (H1B and H4 visas). Our green card is still in process but was wondering what happens suppose in case if our green card gets disapproved do we have to go back to our country or can we still stay here as our child is US born? Kindly advise on this one. Thanks There are multiple steps in any GC application. What is your current status of your GC application? No having a US born kid will not allow you to stay in US. If that's the case then everyone will start making babies. Link to comment
JoeF Posted January 4, 2016 Report Share Posted January 4, 2016 If you don't have a fall-back status, you'd be out of status and could get deported. A US citizen child does not give you any immigration rights, until the child turns 21. If you leave the country, voluntarily or via deportation, you can of course take your child with you. Link to comment
pontevecchio Posted January 5, 2016 Report Share Posted January 5, 2016 If your GC is denied and all avenues of appeal are denied then you have to leave. Jus Solis is a concept and only helps a person once adult. Link to comment
jairichi Posted January 5, 2016 Report Share Posted January 5, 2016 Yes, you need to exit if you do not hold any valid visa status in US when GC is denied. Your US born child gives you no legal rights to stay in US. Link to comment
sms84 Posted January 6, 2016 Author Report Share Posted January 6, 2016 There are multiple steps in any GC application. What is your current status of your GC application? No having a US born kid will not allow you to stay in US. If that's the case then everyone will start making babies. I485 has been denied. Our child is born in US, Being a US citizen our child would have some rights to be in this country but without parents how could he live alone? Can we start the green card process again? Kindly advise Link to comment
JoeF Posted January 6, 2016 Report Share Posted January 6, 2016 I485 has been denied. Our child is born in US, Being a US citizen our child would have some rights to be in this country but without parents how could he live alone? Can we start the green card process again? Kindly advise A US citizen child does not give you any rights to live here. Once the child is 21, the child could sponsor a GC for you. The child can of course come with you to your home country. Link to comment
pontevecchio Posted January 6, 2016 Report Share Posted January 6, 2016 Once adult your child will have options to sponsor you. Till then you can exhaust any appeals of AOS denial and if unsuccessful you need to leave. It is extremely rare for AOS denial. Why was your AOS denied? Link to comment
rahul412 Posted January 6, 2016 Report Share Posted January 6, 2016 I485 has been denied. Our child is born in US, Being a US citizen our child would have some rights to be in this country but without parents how could he live alone? Can we start the green card process again? Kindly advise Starting the GC process is not so easy. What's the reason for 485 denial? As a US citizen your child can stay here, but if he is minor then its parent's decision to whether that child lives in US or outside the US. Having US born child will not give you any immigration benefits. Link to comment
GNH Posted January 6, 2016 Report Share Posted January 6, 2016 You have no rights because of your citizen child. Either you take him with you out of country or leave him here to be raised by child services . Either way you have to leave. You can restart GC depending on what your current status in US is. Link to comment
jairichi Posted January 7, 2016 Report Share Posted January 7, 2016 I485 has been denied. Our child is born in US, Being a US citizen our child would have some rights to be in this country but without parents how could he live alone? Can we start the green card process again? Kindly advise GC process can be initiated. Yes, your US born child has legal rights to stay in US. You can take your child with you to home country or if you leave your child alone in US s/he will be taken under child care. Link to comment
pontevecchio Posted January 8, 2016 Report Share Posted January 8, 2016 You will face prosecution if you abandon your child and no state agency will take over responsibility. As I said once your child is adult he can make decisions. Link to comment
SoNearCitizen Posted October 25, 2016 Report Share Posted October 25, 2016 Not sure why so many responses for an academic, hypothetical query..! Link to comment
pontevecchio Posted October 25, 2016 Report Share Posted October 25, 2016 That surely includes your reply. The OP is 9 months old. Link to comment
SoNearCitizen Posted October 26, 2016 Report Share Posted October 26, 2016 Yes :-) Didn't see it initially.. Link to comment
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