Need complete information and help in status adjustment from B1 visa

[erachadha 0]

Me and my husband came to US on a B1 visa for a holiday from India. At that time I was pregnant and had a doctor's approval for travelling so we planned our holiday. but unfortunately I fell Ill and had to go to doctor, and had a premature delivery here. one day while on way to the doctor, we lost our passports and the cards we bought with us. we have logged in police complaint and also we have applied for our new passports which i believe will be issued in 3-4 weeks from now but are not sure if we get our visa status back or not. Since my baby is born here, we have now decided to raise him here, as we have liked the country very much and also it is safe for babies too, with good education and other facilities for the kids. for our baby, we have decided to quit our business in India and start a new life here to give him a better life than India. once he is adult and can take decisions on his own we will go back to india, as we dont have plan to live here through whole life.

I need you help, in case we are eligible for a status change and how can we apply for the work permit here.please help us in guiding, every possible way to live here legal. we are permitted to be here till march,2014.

kindly suggest

[Boiler 46,172]

You would need as a start an employer willing to sponsor you for a work visa.

Unless there is something very unusual you have not mentioned, that tends to be quite a long process.

[Harpa Timsah 13,258]

You cannot stay here because you had a baby born here.

[kzielu 1,152]

Me and my husband came to US on a B1 visa for a holiday from India. At that time I was pregnant and had a doctor's approval for travelling so we planned our holiday. but unfortunately I fell Ill and had to go to doctor, and had a premature delivery here. one day while on way to the doctor, we lost our passports and the cards we bought with us. we have logged in police complaint and also we have applied for our new passports which i believe will be issued in 3-4 weeks from now but are not sure if we get our visa status back or not. Since my baby is born here, we have now decided to raise him here, as we have liked the country very much and also it is safe for babies too, with good education and other facilities for the kids. for our baby, we have decided to quit our business in India and start a new life here to give him a better life than India. once he is adult and can take decisions on his own we will go back to india, as we dont have plan to live here through whole life.

I need you help, in case we are eligible for a status change and how can we apply for the work permit here.please help us in guiding, every possible way to live here legal. we are permitted to be here till march,2014.

kindly suggest

The fact your baby is US citizen has absolutely no relevance until he is 21 years old and can petition you. At this point you have no right to stay in US and once your I-94 expires, you will be accumulating illegal presence. There is no way for you to adjust status based on your baby, sorry.

Your choice to stay here would be to change to student (which requires attending and paying for school and is temporary) or work visa (which requires finding employer willing to petition you - and earliest H-1B visa will be given out is little bit than a year from know until which you would have to maintain legal status).

Sorry to deliver bad news, but you may want to start thinking about raising him in India... And what a coincidence you were here on vacation in advanced stage of pregnancy...

[belinda63 3,047]

Contrary to popular belief having a US citizen child grants NO status to the parents. In 21 years the child can petition for you if the child has a domicile in the US and a job or a co-sponsor in the US.

A lot of people like it in the US but that doesn't give you the right to just come live here.

[christeen 966]

Sorry, you have no legal basis to live here in the USA unless you pursue a student or work visa.

[Boiler 46,172]

The OP never actually said that the child would be a route to staying here.

The child seems to be the reason they would like to stay as likely probably half the world they would rather raise the child in the US than their own country.

They want to stay and asked how they could make that happen.

Edited November 26, 2013 by Boiler

[christeen 966]

The OP never actually said that the child would be a route to staying here.

The child seems to be the reason they would like to stay as likely probably half the world they would rather raise the child in the US than their own country.

They want to stay and asked how they could make that happen.

The OP stated "since my baby was born here, we have decided we would like to raise her here" so I believe that it is their belief that since the baby was born on US sile they have an option to stay based on the child. The previous posters who pointed put that the only legal option is a student or work visa are accurate.

[Boiler 46,172]

So you are defining since as essentially because. It would have been much easier to have said because but it could have that meaning,

I was reading it as referring to a passage of time.

Only the OP can advise us how they meant it.

[belinda63 3,047]

They can return home and one or both of them apply for student visas and/or work visas. Or since they own a business in India, which they intend to sell, they can attempt to obtain an investors visa. To my knowledge they cannot apply for any of these from inside the US while on a tourist visa although they could look for an employer to sponsor them or a school to apply to.

[Boiler 46,172]

There are many potential options, now whether any actually apply is impossible to say.

[Anvi 5]

The fact your baby is US citizen has absolutely no relevance until he is 21 years old and can petition you. At this point you have no right to stay in US and once your I-94 expires, you will be accumulating illegal presence. There is no way for you to adjust status based on your baby, sorry.

Your choice to stay here would be to change to student (which requires attending and paying for school and is temporary) or work visa (which requires finding employer willing to petition you - and earliest H-1B visa will be given out is little bit than a year from know until which you would have to maintain legal status).

Sorry to deliver bad news, but you may want to start thinking about raising him in India... And what a coincidence you were here on vacation in advanced stage of pregnancy...

Edited November 27, 2013 by Anvi