If you are a illegally in the US and had your child on US soil can you be deported and separated from your child?

Answer 1

An undocumented parent can get deported, even if his or her baby is a U.S. citizen. However, if that person is in deportation proceedings, they may have a defense to deportation (which means they may be allowed to remain in the U.S. and avoid deportation). Of course, this is only a defense to deportation. The person can still be deported, but a young parent with a child born in the United States has a chance with this defense. The defense is called CANCELLATION OF REMOVAL and it is not an application but a defense used in a deportation/removal proceeding before the Judge which is hearing your case as to whether you should leave the country or not. In order to use this defense the parent must meet these requirements, please note this does not mean you qualify for residency or that you will win the case and no one can guarantee that you will qualify for residency through these means. 1. The young person must prove with good documentation that they have lived in the United States continuously for over 10 years. The ten years stop if you have had proceeding with the Immigration Court, been previously deported or have committed certain crimes. 2. You must show good moral character during your life in the United States. That means that you have not had problems with the police, the DMV or Immigration as well as being a productive person assimilated into society who has not depended upon Public Assistance. 3. You must have a qualifying relative; in this case, your U. S. born child will do; but Legal parents and/or a spouse will do also. 4. You must show that the parent's removal would be an exceptional and extremely unusual hardship not to the parent but to the qualifying relative. I just googled "can I be deported even if my child is a US citizen"

Answer 2

Yes. Two things might happen, either the parent will be deported with the child also being deported (with the ability to return when they are adult) or else the ICE (INS) will grant leave for the parent to remain until the child is 18.

Answer 3

Yes, the child is a legal U.S. citizen, mother remains foreign citizen which means you could still get deported. You have the option of taking the child with you back to the foreign country until you fix your situation. If you take him/her out of the U.S. he/she has permission to come back in the country. When your child turns 18, they can "claim" the mother and the mother can become legal.