Nick Givas | Media And Politics Reporter
Immigration attorney Linda Vega appeared on “Fox & Friends” Friday to explain how a 19-year-old illegal immigrant can use her newborn anchor baby to achieve U.S. citizenship.
The pregnant mother from Honduras scaled a fence near the southern border to have her child on American soil in November, to exploit the loophole of birthright citizenship.
“What happens now is she will be processed either to determine whether she has a credible fear to remain in the United States for a political asylum claim,” Vega said. (RELATED: Legal Immigrant Explains How To Enter America The Right Way And Says Illegals Are A Threat To National Security)
“If shes found not to be credible, she then goes before an immigration judge to determine whether shes credible to remain in the United States,” she added. “But, even if she is determined credible, that could take months or years until they possibly get to her case.”
Vega said if shes found not to be credible, the baby would also have to leave with his mother, Maryury Elizabeth Serrano-Hernandez.
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“If the judge finds her not to be credible, shes deported at that point. Now, even though the babys born on U.S. soil, its a U.S. citizen, but the baby has to go back with her at that point — unless the baby becomes a ward of the state,” she said.
The migrant viewed her sons citizenship as a “reward” for the long and difficult journey to the U.S. border and expressed a desire to be reunited with her family in Ohio, according to Fox News.
“That is not a reason for asylum,” Vega said, adding:
Thats a misconception a lot of these people have. They have a fear. But whether or not they can provide evidence for that fear, whether theyre persecuted for a political group, social group, national origin or religion is very difficult for them because they come to the United States without any evidence at all. But, because of the backlog in immigration court, they would be allowed to you stay in the United States until their case is pending.
When the child comes of age, he will be able to bring more of his family to America through chain migration,Vega said.
“Through chain migration he can apply for his mother, his father, his brothers and sisters,” she continued.
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