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  1. #1
    jmendez74 is offline Junior Member
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    Question illegal mother with U.S. citizen child

    What is the name of your state? NM
    I have a friend who is going to have a child from a U.S. citizen. She is an illegal alien and has only moved in with him not married. She wants to leave him, however, he has threaten her that he would take away the child and deport her once it is born, if she does not do what he wants. She wants to go back to her country but not without her child. Can he do this?
    Last edited by jmendez74; 06-07-2006 at 10:40 AM.
  2. #2
    ceara19 is offline Senior Member
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    Quote Originally Posted by jmendez74
    What is the name of your state? NM
    I have a friend who is going to have a child from a U.S. citizen. She is an illegal alien and has only moved in with him not married. She wants to leave him, however, he has threaten her that he would take away the child and deport her once it is born, if she does not do what he wants. Can he do this?
    What do YOU think should happen to a person that knowingly and willingly breaks the law by entering this country illegally?
  3. #3
    Ohiogal is offline Senior Member
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    The mother since they are not married would be considered the custodian of the child just like in any other out of wedlock birth. However she and the child could be deported -- of course, dad could also be in trouble for harboring an illegal.
  4. #4
    critterperson is offline Member
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    Quote Originally Posted by jmendez74
    What is the name of your state? NM
    I have a friend who is going to have a child from a U.S. citizen. She is an illegal alien and has only moved in with him not married. She wants to leave him, however, he has threaten her that he would take away the child and deport her once it is born, if she does not do what he wants. Can he do this?
    Most likely not…we wouldn’t have over 12million Illegal people if we were on the stick about deporting them, But be aware that child is not a US citizen until it is born here and even then there are groups attempting to make is so if you are Illegal and have a child here, it may too be and Illegal, regardless of where it is born...I agree, if you come here Illegally you shouldn't get to stay because you decided to have a child on US land...Maybe your friend needs to make the move back home on her own so she isn't potentially forced later...JMO
  5. #5
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by jmendez74
    What is the name of your state? NM
    I have a friend who is going to have a child from a U.S. citizen. She is an illegal alien and has only moved in with him not married. She wants to leave him, however, he has threaten her that he would take away the child and deport her once it is born, if she does not do what he wants. Can he do this?
    She can give birth to 15 kids in the US, it still would not make her legal.
    Since she is here illegally, she can be reported and deported at any time. It doesn't have to be the bf that reports her. The fact that she (will) have a US citizen child doesn't make a difference. If she has full custody and gets deported, the kid gets to leave the US too, but since the US citizen father apparently wants a relationship with his kid, it is unlikely that he will not be awared parental rights just like the mom.
    Looks like there will be a custody battle, so how is she planning on supporting herself and her child while being illegal?
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by critterperson
    Most likely not_we wouldn_t have over 12million Illegal people if we were on the stick about deporting them, But be aware that child is not a US citizen until it is born here and even then there are groups attempting to make is so if you are Illegal and have a child here, it may too be and Illegal, regardless of where it is born...I agree, if you come here Illegally you shouldn't get to stay because you decided to have a child on US land...Maybe your friend needs to make the move back home on her own so she isn't potentially forced later...JMO
    Actually critter, if your parent is a US citizen then you are as well. You dont have to just be born here. Since dad is an US citizen baby will be too regardless of where baby is born.
    A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.


    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.


    Information on who is a citizen or national at birth can be found in the following sections of the INA: § 301, § 302, § 303, § 304, § 305, § 306, § 307, § 308, and § 309.


    Definition of country of citizenship.
  7. #7
    fairisfair is offline Senior Member
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    Quote Originally Posted by ceara19
    What do YOU think should happen to a person that knowingly and willingly breaks the law by entering this country illegally?
    Are you saying that they should have their children taken from them???? And what about dad, who knowingly and willingly harbored and cohabitated with an illegal, made a baby and now uses her status as a weapon against her?? Sorry, he isn't getting any kudos from me.
    Last edited by fairisfair; 06-07-2006 at 04:18 PM.
  8. #8
    stealth2 is offline Senior Member
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    It's definitely a problem in how our law is written. The child shouldn't be torn from either parent, but deliberately flouting our laws shouldn't be tolerated, either.
  9. #9
    critterperson is offline Member
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    Quote Originally Posted by Ohiogal
    Actually critter, if your parent is a US citizen then you are as well. You dont have to just be born here. Since dad is an US citizen baby will be too regardless of where baby is born.
    A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.


    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.


    Information on who is a citizen or national at birth can be found in the following sections of the INA: § 301, § 302, § 303, § 304, § 305, § 306, § 307, § 308, and § 309.


    Definition of country of citizenship.
    Thats why I said, that currently you are a citizen when you are born in the US, but there are groups attempting to eliminate that loop hole in the law, and it could affect children of mixed citizenship parents...Currently according to polls 78% of the American population wants to enforce deportation so I wouldn't count on that loophole for long...JMO
  10. #10
    ceara19 is offline Senior Member
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    Quote Originally Posted by fairisfair
    Are you saying that they should have their children taken from them???? And what about dad, who knowingly and willingly harbored and cohabitated with an illegal, made a baby and now uses her status as a weapon against her?? Sorry, he isn't getting any kudos from me.
    I live in Texas. Do you know how many illegals come here for the sole purpose of having a child so that they can stay? Personally, I am getting a little fed up with it. Do you know for a fact that the father knew the mother's status at the time of conception? Not many people ask to see a green card before having sex. If she had come into this country legally, she wouldn't need to worry about anyone using her status as a weapon against her now.
  11. #11
    Silverplum is offline Senior Member
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    Quote Originally Posted by ceara19
    I live in Texas. Do you know how many illegals come here for the sole purpose of having a child so that they can stay? Personally, I am getting a little fed up with it. Do you know for a fact that the father knew the mother's status at the time of conception? Not many people ask to see a green card before having sex. If she had come into this country legally, she wouldn't need to worry about anyone using her status as a weapon against her now.
    Yep. And in AZ. And in CO, too. NM. All of the states "above" Mexico. (the geographic reference was in honor of, but with no apologies to azian! )
  12. #12
    fairisfair is offline Senior Member
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    Quote Originally Posted by ceara19
    I live in Texas. Do you know how many illegals come here for the sole purpose of having a child so that they can stay? Personally, I am getting a little fed up with it. Do you know for a fact that the father knew the mother's status at the time of conception? Not many people ask to see a green card before having sex. If she had come into this country legally, she wouldn't need to worry about anyone using her status as a weapon against her now.
    wow, I live in Arizona. let me look out the window and see if I can see any birthing going on! Nope, no birthing. Do you know for a fact that he didn't? seems highly more likely that he was fully aware of her status since he is fully aware of it now, perhaps green cards are only asked for upon conception??
  13. #13
    Silverplum is offline Senior Member
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    Quote Originally Posted by fairisfair
    wow, I live in Arizona. let me look out the window and see if I can see any birthing going on! Nope, no birthing. Do you know for a fact that he didn't? seems highly more likely that he was fully aware of her status since he is fully aware of it now, perhaps green cards are only asked for upon conception??
    Are you sure there's no birthing? Did you check the back AND side yards?

    I'm just goofing with you. I have grown to appreciate your fair approach, and can see your point. I still have my own strong views, but appreciate your fairness.
  14. #14
    AHA
    AHA is offline Senior Member
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    People might not ask to be shown a GC before they bed someone without using protection, but they sure as hell SHOULD have the intelligence to get to know the person (and subsequently find out about their status in the US) before they have unprotected sex.
  15. #15
    fairisfair is offline Senior Member
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    Quote Originally Posted by Silverplum
    Are you sure there's no birthing? Did you check the back AND side yards?

    I'm just goofing with you. I have grown to appreciate your fair approach, and can see your point. I still have my own strong views, but appreciate your fairness.
    I checked all around and in the bushes ( you know how "they" like to hide in the bushes). That was a joke, please no responses.

    I know Silver, and I have views too regarding illegal immigration, that may well not be expressed completely in my response to this posting, and I am in no way condoning it. I guess I am just a case by case kind of person.

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