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8 yrs in the USA. tourist visa R B2 expired 03/2000. Have a 19-months-old son

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bad kitty

Junior Member
What is the name of your state? Nevada

I came to the United States in September 1999 on a tourist visa, which was only good for six months. Technically, I've been here illegally since March of 2000. There was absolutely nothing I could've done about my visa. I'd have to go back and then reapply. I'm from Azerbaijan, which used to be part of the former Soviet Union. I was able to come here because at the time I was working for the United Nations High Commissioner for Refugees and it was my vacation. In May of 2006 me and my boyfriend for the past 4+ years became proud parents of a baby boy. Last May we purchased a marriage license. Wedding plans right now are subject to financial difficulties. I was wondering whether the fact that my child is a US citizen changes my situation in any way. I always had a job since the age of 16, and back home supported both parents who lost their jobs as a result of the collapse of the USSR. I want to be able to go to work again, have that sense of accomplishment.

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I copied and pasted this from my follow-up post on another message board:


My boyfriend, baby's father, is a US citizen. We have a marriage license but right now all that is up in the air. However, I'm illegal, he's a citizen, and he's on baby's birth certificate. So basically I have no rights whatsoever. Right now my son and his father are staying with grandma, and I'm homeless all alone, conveniently discarded, with no rights to even try and fight for my son...

Any advice would be tremendously appreciated.

I need to get my life on track, and take care of my son. His father can continue living with his mom who'll be 77 this January; same situation he was in when I first met his mother and him. Mom would never kick him out, he could be unemployed yet he'll always have roof over his head, bed to sleep in, cigarettes and beer. We've had our own place thanks to a rental voucher from Catholic charities for two months, October & November. During that time he didn't bother to get a job to make sure we have a place to stay come the holidays. Now I've been discarded and forgotten, and they know I have no rights, being illegal and all, and have now been separated from my little boy for well over 3 weeks... Somebody, please help me, there's got to be something I can do!What is the name of your state?
 


ImmigAttyLana

Senior Member
You have no rights in the US just because you had a child born here since your child cannot petition for you until he turns 21. The only way you can legalize your status before that is if you get married to a US citizen and he petitions for you.
 

bad kitty

Junior Member
*sigh* I was afraid you might say that...

...because I already knew that but I was hoping there might be other options... ( Thank you for responding nonetheless. I need to make an important decision and this confirms that my only option is marriage. If I were to get deported, I won't be able to come back to the US for 10 years, I was told.

One more question. How soon, if I were to marry a US citizen, will he able to petition for custody of my son? And how long will the process take? Thank you SO much.
 

ImmigAttyLana

Senior Member
The custody of your son is not a matter for immigration. You as the mother need to get custody of your son and not your future husband who is not even the boy's biological father.

As for petitioning for your status, that can happen the day after you are married, proivded you have all the necessary documentation.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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