The short answer to your question, is your child a citizen?, is yes. The American law since the beginning of the Republic is that any native born child is a citizen, regardless of his parents (the only exception are parents who are foreign diplomats). It does not save you and your wife, however. Your child cannot be a sponsoring petitioner for the two of you until he is 21, not for legal residency. And if you are caught, detained, and removed, your child can be removed (deported) to your former country with you.

But you may have other options. If there are other family, or depending on how long you have stayed in America, or if there is another sponsoring employer (not likely), there may be a way to help. Call me or e-mail me and I will set up an appointment to meet either in person, or in a telephone consultation (depending on where you are). I hope to hear from you.

Answer Applies to: California
Replied: 8/23/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Presently, under our U.S. Constitution, and specifically the 14th Amendment, a child born in the U.S. to illegal parents is a citizen of the U.S. You can be deported, but the baby cannot (but obviously, you can take the baby with you).

Answer Applies to: California
Replied: 8/17/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.