If I am in the US illegally but have a US born child, how can I temporarily go back to Mexico with hopes of re-entry to the US?

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If I am in the US illegally but have a US born child, how can I temporarily go back to Mexico with hopes of re-entry to the US?

I am 19 years old and have only been in the US for 1 year. My boyfriend was recently deported and I want to go home. Our child was born here and we would like to somehow return in the future.

Asked on July 29, 2012 under Immigration Law, Indiana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been in the US unlawfully for more than one year, once you leave the US you will not be eligible to return to the US for 10 years, regardless of whether your child is a US citizen or not.  Your child will only be able to petition for you once the child turns 21.


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