Are you still married? What is your spouse's immigration status? Having a U.S. born child does not provide you a path to residence until the child reaches the age of 21. If your spouse is a citizen, you could seek a green card through the marriage. You and your spouse will both need to participate but if all goes well you can have a green card in approximately 8 months. You can read more about the adjustment of status process at http://myattorneyusa.com/family-immigration.
Answered on Apr 25th, 2016 at 5:00 AM