illegal single mothers rights

[sefbug]

What is the name of your state? Florida
Hello, I am a single mother of baby girl. I am here on a tourist visa from Mexico. The father is am american citizen. I have supported the child since she was born. She is 14mths. The father has not given me any child support/money. We have not gone to court. What rights do I have being here on a tourist visa? He is a bad person and unfortunately I have never documented (911) all of the things he has done to me and recently the baby. I need help!!!The baby has a great home, with my parents and myself. There are 5 of us total, and my dad works here. We have a nice home, and she is well taken care of. He said he has filed with the court to have joint custody (I guess), and I am scared they will TAKE my baby if I am here illegally (without residency) We were NEVER MARRIED....Please HELP!! thank you

 

[bethdetroit]

Was the child born in the US?
I think if the child was born here then the child is automaticly a US citizen, and you being the mother are now one too or at least they can't make you leave.
I would check into imigration laws and go from there.
did the father sign the birth certificate?
Or has paternity been established?
If not he has no rights to the child until he gets a DNA test ordered by the court.
Start documenting everything the fatehr is doing that is a potential danger to the baby.


I hope this helps I am not to sure how our imigration laws work so I would just look into it and find out what your options are. Then once you are here legally I would file for child support

Take care,
Beth

 

[sefbug]

Hi Beth,
actually, yes the baby was born here, and the baby does not have his last nm. He is the father, no doubt, he did sign the certificate that he is the dad. I have consulted four lawyers, and it is not true, i can't become an automatic citizen if she was born here. Thats the problem.

 

[stealth2]

Was the child born in the US?
I think if the child was born here then the child is automaticly a US citizen, and you being the mother are now one too or at least they can't make you leave.

It's not that simple. The child would be a citizen if born here - it does NOT confer citizenship on the mother. It IS possible that the father could file for custody and have Mom deported. What Mom needs to do is talk to an attorney who is knowledgeable in both family and immigration law.

 

[bethdetroit]

I wasn't too sure on that I had heard it somewhere. Here is the INS web site you may be able to find out how to become a US citizen thru here.

http://www.immigration.gov/graphics/index.htm

Take care,
beth

 

[stealth2]

Can your parents sponsor you (i.e. are they here legally?)? That might be one avenue. Do you have any skills/education that are in demand? Might be another. One of the problems is going to be that it is very likely you will have to leave the country to apply for a visa - and I'd bet Dad isn't going to allow you to take the baby. You REALLY need to talk to an attorney.

 

[sefbug]

I know guys....thanks for the help. The real deal is that it is my cousin who is in this situation. I am here cousin, I am here as a resident, and have been for 24 yrs now. It's just hard, cause they are not from this country, and I am pretty much american and it is so hard trying to advise them. They think this country could just take the baby. I have tried to advise them, that they would never take a baby away from it's mother, but being the circumstances. NOt only that, he is psycho! And since she was scared before about being deported, she never called 911. Now, she doesn't want the court to let him see the baby without HER presence, because he has a history behind him that is awful!! Anyway, my husband is a CPA, so we are trying everything...but it's hard too...lawyers cost money. She is beautiful,(she was a model in Mexico) and sweet and smart. She is Tri-lingual....but it's just hard. She can't even work here legally. So, there lies the problem. She doesn't want to take the chance that the courts could give him visitation time ALONE with her,,he has threatened to kidnap the baby...and that would be the end of it....the thing is he doesn't even care about the baby,,,he has only seen her maybe 8 times since she was born. NOw all of a sudden his mom, is pressuring him to file in court. See the big problem now?

 

[Boxcarbill]

I know guys....thanks for the help. The real deal is that it is my cousin who is in this situation. I am here cousin, I am here as a resident, and have been for 24 yrs now. It's just hard, cause they are not from this country, and I am pretty much american and it is so hard trying to advise them. They think this country could just take the baby. I have tried to advise them, that they would never take a baby away from it's mother, but being the circumstances. NOt only that, he is psycho! And since she was scared before about being deported, she never called 911. Now, she doesn't want the court to let him see the baby without HER presence, because he has a history behind him that is awful!! Anyway, my husband is a CPA, so we are trying everything...but it's hard too...lawyers cost money. She is beautiful,(she was a model in Mexico) and sweet and smart. She is Tri-lingual....but it's just hard. She can't even work here legally. So, there lies the problem. She doesn't want to take the chance that the courts could give him visitation time ALONE with her,,he has threatened to kidnap the baby...and that would be the end of it....the thing is he doesn't even care about the baby,,,he has only seen her maybe 8 times since she was born. NOw all of a sudden his mom, is pressuring him to file in court. See the big problem now?

Citizen or not, legal or illegal alien, she is "a person" who is located within the boundaries of the United States. As such she has the same U.S. constitutional protected right to "due process" and "equal protection" of the law under the 14th amendment as a U.S. citizen.