Another question about the "Anchor Child"

[Wenseslaw]

A Colombian woman that has an expired visa since 1997 can take advantage of her new born child to legalize her status? This is called "Anchor Child" but the question is; having a child is a legal way to bypass the immigration's laws?

Family court always grants preference to the mother regardless her status. However, granting custody of a child who is American citizen and lives in the United States to a person who has been deported and ineligible for wavier sounds to me as if one court is bypassing other courts decisions. The question is: Is that a legal procedure?

The mother has been deported, the father is an American citizen and have no problems with the law, has a stable income and high education, is married with another woman and everything is perfect. Would DOJ assign the permanent resident status to the mother just to keep her in custody of the child?

 

[NYClex]

No. Having custody of a child is not a way to circumvent other laws. Imagine a father or a mother being convicted of murder getting out of prison just because she or he has custody of a child. Impossible.

Under immigration law a US citizen can only sponsor his or her parents for permanent residency once he or she (the child) is an adult.

 

[Duranie]

Has the father peitioned the court for custody? I would imagine he has a fair chance of cudtody since the mother is a flight risk.

 

[Wenseslaw]

Illegal aliens can claim custody of a child?

I heard that if you come to the United States with a visa and that visa expires, your status automatically changes to "Removal", means that you should be removed from the country. However, if you have an American citizen new born child, the INS may waived the "Removal" and allow you to stay in the United States to avoid the psychological impact on the child.
If this is true, then having a child is a way around the INS law
If this is false, then the father who is American citizen should have the custody of the child instead of the mother who is an illegal alien.
In any case, granting custody of a child to a person that is not a legal resident of the United States is granting the right to stay and that is a legal way to go around. This is called "Anchor Child"

I would like to know if exists any law that prevent "Anchor Children" by prohibiting illegal parents to obtain custody of new born children. I believe that the child can stay but the illegal resident must leave but this is not like that at the family court and I would like to know what is the law that grant or revoke custody of a child to illegal parents.

 

[Duranie]

You might want to try posting on www.lawyers.com, go to the message boards over to the lower left. There seems to be alot of knowledgeable people over there.

regardless if the woman is illegal or not, the father has a chance at custody. Is he being denied custody by a judge?

 

[Wenseslaw]

Thank you for the tip

Thank you for the tip, I may post it in the lawyers.com because I am very curious about the family law.
I am the father; I have never went to the court to try to fight for the custody of my daughter because I still not finding any lawyer that really wants to help people. All charge me from $75 to $125 just to evaluate if they can take my case. After all, lawyers don't want to help a man to fight for the custody of his daughter. Nobody seams to understand that there are good and bad mothers and nobody seams to care what is better for a child. Can you imagine a mother who don't even have finished the elementary school and doesn't understand a word in English helping a child in doing the home work? A mother who is feeding my daughter with hate and use her as a resource to stay in this country illegal and make money? What does this child is going to learn?
The problem is that I am not the only one; there are millions of children growing in inappropriate environments walking on a route that goes directly to the alcohol, drug, prostitution and crime. This doesn't sounds nice but the family court share a good portion of the responsibility in the crimes committed by persons whom were left with the mother in inappropriate environments discarding other choices.
In my case, I am totally agree with the child support law and its enforcement because I don't want my taxes supporting a child from an irresponsible parents but I am not agree in the way of how the family court is looking at a father claiming custody of his child. May be their motivation is the myth of the "mother love" I call that myth because if a mother really loves a child, she will make any sacrifice for the benefit of a child such allow the child to live with the father, the mother will never let that happen if the child is her only weapon against the father and a way to stay illegally in this country and a source of income.
Amazingly, nobody seams to understand that and when I say that I want to claim the custody of my daughter, everybody looks at me as if I were the worst of the worst.
I hope to find someone in here who understand that I am not a criminal, I just want the best for my daughter, teach her all I know about computer programming, networking and electronic if she doesn't get bored. I want to read to her all the books that my father uses to read for me and at the age of 42, I still remember Jose Marti, Julio Verne, Arthur Conan Doyle, Sandokan (The Tiger of Malaysia) etc