If an illegal immigrant has a baby in the USA does that make the mother and baby legal until the baby is 18?

Chief Whachusa

If the baby is born in the United States, the baby is a U.S. citizen by birth rights. In fact I believe if you had worded this question to include the label "anchor baby" at least one of the current answerers would have admitted that they feel this type of citizenship is wrong.
As the question stands now the baby upon reaching a certain age can sponsor the parent(s) for their citizenship.

"Citizenship"

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - XIV Amendment to the U.S. Constitution
Citizenship is one of the most coveted gifts that the U.S. government can bestow, and the most important immigration benefit that USCIS can grant. Most people become U.S. citizens in one of two ways:

*By birth, either within the territory of the United States or to U.S. citizen parents, or
*By Naturalization.

In addition, in 2000, Congress passed the Child Citizenship Act (CCA), which allows any child under the age of 18 who is adopted by a U.S. citizen and immigrates to the United States to acquire immediate citizenship.
This channel of USCIS.gov will give you information on the various paths to citizenship."
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=96719c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

You will notice that there are many answers saying that this is wrong but they do not provide anything to support their answer other than their words of opinions.

Edit:
"Citizenship of Children

The 14th Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, according to the principle of jus soli. Certain individuals born in the United States, such as children of foreign heads of state or children of foreign diplomats, do not obtain U.S. citizenship under jus soli.

Certain individuals born outside of the United States are born citizens because of their parents, according to the principle of jus sanguinis (which holds that the country of citizenship of a child is the same as that of his / her parents). The U.S. Congress is responsible for enacting laws that determine how citizenship is conveyed by a U.S. citizen parent or parents according to the principle of jus sanguinis. These laws are contained in the Immigration and Nationality Act.

In addition, Each year, many people adopt children from outside the U.S. The Child Citizenship Act of 2000 (CCA) grants those children the ability to automatically become U.S. citizens when they immigrate to the United States."
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=85d3744a400ae010VgnVCM1000000ecd190aRCRD&vgnextchannel=96719c7755cb9010VgnVCM10000045f3d6a1RCRD

EZRider107

Under the current interpretation of the Birthright Clause of the 14th Amendment, the child is considered a U.S. citizen.

At age 21, the child could sponsor his/her parents and siblings for U.S. immigration as governed by the Immigration and Nationality Act. There are certain other restrictions. This would be considered family reunification.

dipstick

hows a child under 18 going to be able to sponsor anyone?

It's awfully sad how these irresponsible adults put these kids in this situation.

growing inside

The child is legal. The mother is not.
After the child turns 21, he can potentially sponsor his mother and siblings. However, if any of them have been in the country illegally, they will have to return to their home country for ten years before getting green cards

uvette77

no just the kid is legal. the parent/s can be deported.

Hater Police

No. The baby is a natural citizen but the parents are still subject to expulsion. It happens all the time.

Dirty Martini

No it isn't true. Suggest you explore the internet some more for truth and knowledge.

Sweetharttt

The anchor child will be a citizen. The illegal alien will still be an illegal alien and is subject to deportation at any time.

When the child reaches 21 and can provide financial responsibility, they can petition the illegal aliens from their own country to come back legally.

To petition the illegal aliens need to be in their own country.

Diablo

If there were true, can you imagine how many more babies these illegals would be popping out, like they already don't pop out enough babies at it is.

GreasyTony

That couldn't be any wronger.

Pojken

No, that's false, not true. It's a lie, a fairy tale.

Maisie

No, I really do not know who gave you this information but it is not true. First off the person in question is illegally in this country--why are they having a child--just so they can stay here?? Well, no -it does not work this way--the child is born here and therefore is an American citizen--if the parents are illegal they are entitled to county heath care benefits--food stamps and a whole bunch of things which the hard working people of America are not even entitled to--very sad situation.
Either become a permanent resident(which will take you --oh, just the time your kid should be getting off of food stamps) get a job and do the right thing--next time try using the rain gear--so we do not have to pay for the child which you did not think about before you put him/her into such a position and hope that the government does not deport you.
Sorry but that is how I feel about illegal immigrants in this country, whether it be you or anyone else.
No a child can not be a sponsor and adult has to be and the government has different guidelines depending on which country you illegally came here from.
Good luck and I hope I helped you.

Cheshire Cat

no
that's not true
but the child could sponsor its parents as soon it is 21 years old

Sidwell

the mother - absolutely NOT - she will stay ILLEGAL.

the baby is obviously legal but CANNOT petition for the parents and siblings until s/he reaches the age of 21!!!

Stephen G

Incorrect. The child is a citizen by birth, but not the parents.

She can still be deported. Good Luck

Micky....the resurrection

No, the mother is illegal and will be deported and banned if caught.

catgirl7773

No, it happens all the time that illegal immigrants have children and they take just the parents back, and don't even give the children a chance to choose of they want to go w/parents or to foster care... it's awful really

Enter Your Message or Comment

User Name:
User Email:
Post a comment: