If an Illegal Immigrant Can Get U.S. Citizenship Through Their Child

Introduction

The question of whether an individual who entered the United States illegally can become a citizen through their child, particularly through marriage or birth, is a complex topic that involves understanding the specific immigration laws and policies of the United States.

In this article, we will explore the nuances of U.S. immigration law, clarify common misconceptions, and provide guidance based on current legal standards. Understanding the distinction between 'immigrants' and 'illegal aliens' is crucial for anyone seeking clarification on these matters.

Understanding 'Illegal Immigrants' and 'Immigrants'

Contrary to popular belief, there is no such thing as an 'illegal immigrant' in the United States. The term 'illegal immigrant' is often misleading and not used in legal contexts. Instead, the phrase 'illegal aliens' is more accurate, as these individuals are not granted legal permission to enter or reside in the country.

On the other hand, 'immigrants' are individuals who have legally obtained an Immigrant Visa, which grants them the permission to enter and live in the United States permanently. Therefore, a person who entered the country illegally does not fall under the category of 'immigrant' and cannot be considered an 'illegal immigrant'. This distinction is critical to understanding the legal pathway to citizenship.

Marriage to a U.S. Citizen

When it comes to marriage, the status of an illegal immigrant does not change after marriage to a U.S. citizen. The illegal immigrant will still be deportable and will not automatically gain legal status. In fact, marriage to a U.S. citizen does not provide immediate legal benefits for illegal immigrants.

Historically, the U.S. used to allow certain pathways to citizenship for illegal immigrants, particularly those married to U.S. citizens. However, these policies have undergone significant changes over the years, and current laws strictly restrict such pathways. Therefore, marrying a U.S. citizen will not provide legal status to an illegal immigrant.

Birthright Citizenship and the 'Anchor Baby' Myth

The idea of 'anchor babies' is a myth. Birthright citizenship, as granted by the 14th Amendment to the U.S. Constitution, does not automatically confer citizenship on the children of illegal immigrants. Under current law, a child born in the United States to noncitizens who are not legal residents will not automatically become a U.S. citizen.

Further, there has not been a policy change that specifically targets illegal mothers attempting to gain citizenship through their children. The 14th Amendment remains in place and provides birthright citizenship to all persons born in the United States, regardless of their parents' immigration status. However, the parents, including the mother, do not automatically gain legal status as a result.

Pathways to Legal Status After Illegal Entry

For an individual who entered the U.S. illegally, there are still some legal pathways to seek a green card and eventually citizenship, but these are highly restrictive and often require leaving the country first.

One common path is through a Legal Permanent Resident (LPR) child. If your child legally becomes an LPR, they can apply for a visa or green card to bring you to the United States. However, this process can take many years, and there are limited visa slots.

Another option is to return to your home country and allow your child to sponsor you. Once your child is at least 21 years old, they can apply to sponsor you as a sibling, though this process is also challenging and lengthy.

It's essential to consult with an experienced immigration attorney to explore all possible options and understand the specific requirements and timeframes involved.

Conclusion

In conclusion, while the U.S. does offer pathways to citizenship through birth or marriage, these pathways are not available to individuals who have entered the country illegally. The legal distinction between 'immigrants' and 'illegal aliens' is important, and there are strict regulations in place regarding citizenship and permanent residency.

If you or someone you know is in a similar situation, it's crucial to seek professional legal advice to navigate the complex world of immigration law.