QUESTION:

My wife and I are in the U.S. in L status. We are about to have a child in the U.S. Since our child will be a U.S. citizen, does that grant us any immigration rights? Are we entitled to stay in the U.S. until our child is old enough to take care of themselves?

IMMIGRATION ANSWER MAN:

It is true that (with a few exceptions) a child born in the U.S. is granted U.S. citizenship even if the child’s parents are in the U.S. in nonimmigrant status or even out of status. But having a U.S. citizen child, by itself, does not grant the child’s parents any immigration benefits. The idea of the “anchor baby” is a myth. Even though your child is a U.S. citizen and therefore has a right to live in the U.S., you and your wife do not. You must maintain your L nonimmigrant status and extend or change/adjust your status as necessary. When your child turns 21, then they can petition for you and your wife to become permanent residents.

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Ari Sauer is an attorney with Siskind Susser, PC. For Ari’s full bio, visit http://www.visalaw.com/ari.html. You can schedule a consultation with Ari or with one of Siskind Susser’s other attorneys by calling 1-800-343-4890 or 901-682-6455. 

* Due to the volume of questions received, not all questions can be answered. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.