Can US birth child apply for I-130 and mother apply for waiver?

[capn_jer]

Colombian female in the US on 5 yr visa marries a US citizen and they conceive a US born child. Husband then renegs on marriage promise to apply for her green card. A divorce and custody battle begin. Her visa expires. He refuses to sign a passport application for the child. The mother is now out of status and subject to deportation, has custody of her child, and the child cannot leave the US because the child does not have a passport.

Can the US born minor apply for I-130 Petition for Alien Relative for her mother and can an Extreme Hardship Waiver be asked for by the minor, because deporting her mother would constitute and extreme hardship for the minor? Who would speak for the minor in such an application?

[immihelp]

No, that is not possible.

Child must be at least 21 years of age and earning sufficient money to be able to sponsor her mother.

[BeenThereDoneThat]

Unlike the US, a Colombian passport can be obtained for a minor child with only one parents signature. Your child will acquire Colombian citizenship, and can then obtain a Colombian passport, if you register the birth at a Colombian consulate.