Parents with h1b visa and us born child

[faalexuser]

What is the name of your state? Michigan

Parents are h1b visa holders, working in Michigan. Child born in Michigan while working under h1b visas. When work visas expires, can they be deported? If that's true, isn't that in effect deporting US citizen? Can parents convert from work visa to permanent visa?

 

[phwl]

Since the child was born in Michigan (USA) he/she is a US citizen by birth. And since the parents are already in the US on employment based visa's, they can file an I-485 package to change their status to that of a lawful permanent residen based on their relationship to an immediate US citizen relative (the child)
The forms you will need are:
1. Petition for Alien Relative (Form I-130)
2. Application to Register Permanent Residence (Form I-485)
3. Biographic Information (Form G-325A)
4. Affidavit of Support (Form I-864)
Permission for Work Authorization (Optional) (Form I-765)

These forms are downloadable from the BCIS website.

 

[Mrowka]

How old is the child?
To be able to sponsor parents the child has to be at least 21 years old.

 

[ImmigAttyLana]

That is absolutely correct. The child must be at least 21 years of age in order to be able to sponsor parents for permanent residence.

But why would you think you are getting deported just because your H-1B expires? The H-1B is valid for a maximum of 6 years, and since you are working for an employer, if you want to remain in the US beyond the 6 years and obtain permanent residence, let your employer know this and find out whether he/she would be willing to sponsor you for a green card through employment. It's a long process in most states, but there is a recently enacted law that allows you to remain in the US in H-1B status even beyond the 6-year maximum provided a labor certification is filed on your behalf at least one year prior to the 6-year expiration date.