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No. He will have to return to his country of origin and apply to be an US citizen like everyone else. The child is an US citizen because he/she was born to a parent who is an US citizen and also because the child was born in the US. Having a child with a US citizen or while in the United States does not give you US citizenship. My advice would be, first, to return to your country of origin because you are here illegally, then marry the mother of your child and then apply for permanent residency.

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14y ago
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10y ago

Immigrant status play no part when it comes to parental rights so she has the same rights as every US single mother which means she has full custody and is the legal guardian of the child since birth. The father have to prove paternity by DNA and can then petition for shared custody, visitation and pay child support.

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18y ago

If the child is a minor, but has US citizenship, then it may be easier to get a green card. Surely the US will not send a mother back to her origination without her child.

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14y ago

He has rights to the child since he is the father, but i don't think he has any more general rights if he is still illegal.

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Q: If an illegal immigrant father has a child in the US can he stay the mother is a U.S. citizen?
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