I am from Latvia and now living in Wyoming. I came to the U.S. with a student visa but I had to stop my studies because of financial problems, and now my visa status has expired. My girlfriend, who is also from Latvia, just had a baby here in Wyoming, and the baby is a U.S. citizen by birth. I want to know if being the parent of a U.S. citizen child gives me the right to stay in the U.S. legally or apply for a green card now, or if I have to wait until the child is older.

Question

Mahboubeh Mahboubeh · Accepted Answer

Having a U.S. citizen child does not give you an automatic green card right now. Your child must be 21 years old before they can petition for you.

Osahon Ibhadode · Answer

In the meantime, you need to maintain another legal status or explore options like asylum, marriage, or other immigration relief.

Rashidat Balogun · Answer

USCIS does not grant parents of U.S. citizen babies immediate residency. However, once your child turns 21, they can file a petition for you, which is the main legal pathway in this situation. Until then, you would need another form of legal protection or status to stay in the U.S. without problems. Speaking with an immigration attorney can help you understand what options are available in your specific case.

Jekaterina Sokolova

Stay Updated