<p>I’m not clear that this poor fellow is a credible example of undocumented kids whom we should be sympathetic to. With his legal skill he’s got a good chance for employment with lucrative firms in major Mexican cities, where English is not necessarily a handicap. I’d guess there are plenty of corporate interests in Tiajuana where English is welcome, for example. This fellow has options that a lot of other undocumented youths do not have. And it’s easier to work on his immigration status from Tiajuana or Alcapulco or Mexico City than from Bejing or Mogadishu.</p>
<p>Because the baby deserved the opportunity to be an American citizen, didn’t s/he?</p>
<p>Has this lawyer worked in the US between 2009 and now? Did he lie on his I-9 verification form? And if he did lie is he allowed to take the bar exam and obtain a law license?</p>
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<p>Why do you think this baby (he) deserved to be an American citizen?</p>
<p>he should be sent packing… he obviously doesn’t follow the law.</p>
<p>I’m not a fan of the “legalize everybody” variety, but I do see a difference between those who chose to break the law, and the little kids who had no choice at all. Punishing the children for the sins of the parents? I’d really rather not go there. </p>
<p>When my folks moved me across the country as an infant, I didn’t have a choice. These kids didn’t either. Punish the parents – ok – but I have some compassion for the kid who had no choice in the matter, and who has spent virtually his or her entire life here.</p>
<p>^Had this man applied for a student visa when he turned 18 and started his own legal path toward citizenship perhaps he would find some compassion. Perhaps he was blissfully unaware of his parents illegal status prior to applying for college, but he certainly became aware of it before starting his undergrad degree. Pretty difficult to go through the whole FAFSA/college app/financial aid process without discovering the truth. Perhaps he was absent the day they studied immigration law at his law school. Doubtful…but you never know.</p>
<p>This is not a “child” being punished for the sins of the parents. This is a fully complicit adult who has ignored his parents/his own illegal status for at least 6-7 years (undergrad plus law school) and now wants to be rewarded for his infractions. Obviously he’s not looking to go into the prosecutorial side of lawyering. :)</p>
<p>No sympathy whatsoever - the rest of us were not stupid to go thru the legal way to permanent residence and citizenship only to have others get around the law.</p>
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<p>He came in on a tourist visa which is now expired. Why couldn’t he just adjust his status while staying in the country? BTW, I have some experience with this.</p>
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<p>I don’t see any “punishment” here. This person, who is a citizen of another country, received an excellent US education, all the way through law school. What are your worries about him? That he will be forced to move to Mexico, where he has full rights as a citizen and most likely a better education than most? People move to foreign countries all the time, and plenty of Americans buy second homes and retirement homes in Mexico. The richest man in the world (Carlos Slim) lives in Mexico. If you are worried that this person won’t know anyone when he gets there, well, he ought to be taking his parents and any siblings with him, so you can put your mind at ease about that.</p>
<p>“He came in on a tourist visa which is now expired. Why couldn’t he just adjust his status while staying in the country?”</p>
<p>Because the law doesn’t provide any mechanism for doing that.</p>
<p>When he turned 18, he could have immediately left the US and applied for a student visa from Mexico, but he wasn’t likely to get it because of his history (whether deliberate or imposed by his parents) of living undocumented in the US. You’re only eligible for a student visa if you “Have a residence abroad, with no immediate intention of abandoning that residence; and Intend to depart from the United States upon completion of the course of study.” He would have a very rough time showing that he meets those requirements.</p>
<p>“We have all kinds of American “citizens” living all over the world whose wealthy parents came here to have the baby so there will be an anchor baby for them when the going gets rough at home.”</p>
<p>That is extraordinary foresight on the parents’ part; a native-born citizen cannot even request that his parents be given legal status in the U.S. until he turns 21. Such requests are then subject to discretionary review, and don’t confer any entitlement for the parents to enter the U.S. So there’s no such thing as an “anchor baby” – only a “remote-hope-adult-child.”</p>
<p>^You’re right, Hanna. “Anchor baby” is a poor choice of words. My understanding is that “birth tourism” is done for the benefit of the child - future educational and work options - that indirectly benefit the parents as well.</p>
<p>Here is an article about birth tourism that may be of interest: [Immigration:</a> ‘Birth Tourism’ Industry Markets U.S. Citizenship Abroad - ABC News](<a href=“A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children - ABC News”>A New Baby Boom? Foreign 'Birth Tourists' Seek U.S. Citizenship for Children - ABC News)</p>
<p>Yes, there’s no doubt that having a child with dual citizenship gives the child additional choices down the road.</p>
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<p>They are not “citizens” they are just citizens, as fully and unequivocally as any other American.</p>
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<p>No, you are not correct on this. The sponsoring child just has to be over 21 and earning some fraction of the poverty line income (80% I think). If the child doesn’t earn enough, then another US citizen can take care of the financial sponsorship (which is just a guarantee, not actual money). Barring criminal records, the is not much discretionary authority.</p>
<p>Actually, I am eligible for a green card on exactly this basis, but I don’t want one …</p>
<p>I propose we treat illegal aliens the same as their home countries treat illegal aliens. For Mexico that would be the following:</p>
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<p>[Mexico's</a> illegals laws tougher than Arizona’s - Washington Times](<a href=“http://www.washingtontimes.com/news/2010/may/3/mexicos-illegals-laws-tougher-than-arizonas/?page=all]Mexico’s”>http://www.washingtontimes.com/news/2010/may/3/mexicos-illegals-laws-tougher-than-arizonas/?page=all)</p>
<p>There are lots of other limitations and restrictions:</p>
<p>[Michelle</a> Malkin Police state: How Mexico treats illegal aliens](<a href=“http://michellemalkin.com/2010/04/28/police-state-how-mexico-treats-illegal-aliens/]Michelle”>Michelle Malkin Archive - The Unz Review)</p>
<p>It is NOT easy to get legal status, and those of you who blithely say that he should persue legal means to do so have no knowledge of how difficult (and often impossible) it is to get legal status in the states. I am all for the DREAM act. Time to let these could-be productive kids the right to work and live in the country that they have been raised in!!! Many of them have been in school since preK, saying the pledge “with liberty and freedom for all!” each day…only to discover when they graduate from high school or college that they have NO rights to work a legitimate job, get a driver’s license, or support themselves. Itis a tragedy for them and my heart goes out them.</p>
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<p>Sure it does. We actually went through the process. Google “adjust status from tourist visa to permanent resident” - you’ll see a ton of questions and answers on it. The primary thing is intent when you came in. If your intent was to adjust your status, then you’ll likely be denied. If you didn’t intend to adjust your status, then you may be able to get your status adjusted.</p>
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<p>I’m not talking about a student visa.</p>
<p>I don’t know how old he was when he came here or if he intended to stay or if he even knew why he was coming here but if he didn’t have the intent to stay here (his intent; not his parents’) then he might have a shot at adjusting his status without having to leave.</p>
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<p>It is not impossible either. It was a royal pain for us - endless trips and phone calls to the JFK building in Boston, waiting in line with a number only to not be called that day, talking with customs officers, getting your documents lost in the mail, etc. Have you been through the process yourself?</p>