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Although your giving birth to a baby girl in Saipan makes her a US citizen by birth, it ordinarily does not give you the right to protection to stay based on the birth of the child. This is now a touchy subject because of the wide publicity being given to those attempting to enter the US with their children either illegally or at a border point to seek asylum who were separated by the Trump policy of zero tolerance. Neither parents nor children had legal status, and the Administration separated them to prosecute and keep the parent in detention and make them more amenable to immediate deportation in hopes of ending the separation. Given the difference in your case that your child is a US citizen and the huge unfavorable publicity over the issue of child – parent separation, I do not see that happening to you. Unless you waived your right to a hearing before the immigration court, you would likely be released until the date of your court hearing. At that time, you could make any claims that could allow you to remain in the US. I again note that it is ordinarily not a recognizable claim to request protection because your child was born a US citizen.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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Although your giving birth to a baby girl in Saipan makes her a US citizen by birth, it ordinarily does not give you the right to protection to stay...
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