How to become legal?

[gin75kt]

Texas

My brother just had a baby with a girl who is from Mexico, she is currently living here in Texas. The problem is she has no social security number and can not work or get any type of assistance. We just need to know what actions to take to help her get legal. I think my brother is going to marry her. We are just unsure what to do so she can work and get help for the baby.

 

[ImmigAttyLana]

If she entered the US illegally, under the current immigration laws, there is nothing she can do, even if she is married to a US citizen, to legalize her status within the US.

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

 

[gin75kt]

What about the baby

Even know that she now has my brother's child! What of the baby, the baby should be a legal citizen right? Will she be able to attain a work visa?

 

[ImmigAttyLana]

The baby is a US citizen if born on US soil but that does not give the mother any status in the US and does not give her a way to legalize her status in the US if she entered the country unlawfully under the current immigration laws.

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

 

[gin75kt]

I am sorry I orginally miss imformed you. She did come here under a visa. However the visa ran out.

 

[ImmigAttyLana]

Then that's a different situation. If she entered the US lawfully but has since overstayed and she marries a US citizen, then she should be eligible to adjust status to permanent resident. As you can see, one little detail like that can be critical to determining her options so please be sure you give the correct information if you want to get the correct advice.

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

 

[evcalyptos]

I am sorry I orginally miss imformed you. She did come here under a visa. However the visa ran out.

She should spend a couple of hundred $$ to consult with an immigration attorney to make SURE she has her information correct for HER case and not rely on a 3rd hand story. It's good that you are helping her, but you can see how missing one litle point can make a big difference.
It does not have to be even that expensive, just make sure it's an immigration lawyer and not a Notario.