b2 visa holder with US citizen child

[Gadogado 0]

dear vj'ers i have one of my good friend that she used to be a J1 student back to 8 yrs ago and then she met american guy and had relationship with him. few years ago he (the guy) came to her country for few months and end up with my friend "pregnancy. when her pregnancy enter the 5th months she applied for tourist visa and got approved for 10 yrs. so she came to US and gave a birth here but then their relationship didnt work well so she decided to go back to her home country with her US citizen baby ON TIME before her i-94 expires. now she planned to come visit US with her 5yrs left over visa because she want her baby know his father as he already grew up. so the question is "can she still enter the US with her unexpired visa + US citizen son? will the immigration at the airport ask her questions from the past? and another question is "she also planned to study for her doctoral degree here in the US" so should she just apply for F1 student or try to come with her unexpired b2 before adjust her visa to F? thanks

[A'n'L 735]

If she wants to study, she should find a position and obtain student visa before entering.

A tourist visa is for tourism.

[Gadogado 0]

If she wants to study, she should find a position and obtain student visa before entering.

A tourist visa is for tourism.

thats right...so my question is would she getting a hard time at POE when she re-enter the US with her son?

[A'n'L 735]

On her B2 or a student visa?

It depends on the circumstance. If she comes on her tourist visa, she needs to show ties to home, return ticket, not bringing excessive luggage etc.

[Gadogado 0]

On her B2 or a student visa?

It depends on the circumstance. If she comes on her tourist visa, she needs to show ties to home, return ticket, not bringing excessive luggage etc.ok so tec

ok so technically she still can re-enter the US with either one visa she has no matter even she ever gave a birth here, correct? let say she comes with F1 visa, would the CBP ask her lots of question regarding she have her US citizen son with her?

[JFH 12,191]

Which country is she from? I was reading your post assuming she was Japanese but Japan is part of the VWP so a B2 wouldn't be needed.

They let her in before in the advanced stages of pregnancy and with an American boyfriend so anything can happen. It looks like there is a veiled suggestion that she was planning to overstay and adjust before (the relationship didn't work out so she went home - what was she planning to do if the relationship DID work out?)

She will need to show strong evidence of returning at the end of her visit. Return ticket, letter from employer, etc. If I were the CBP officer my question would also be of this is about the baby getting to know his father why can't the father fly to her country? Would be a lot easier for one man to travel long-haul than for a woman and a baby and all the things she will need for the baby.

Edited July 5, 2016 by JFH

[JFH 12,191]

ok so technically she still can re-enter the US with either one visa she has no matter even she ever gave a birth here, correct? let say she comes with F1 visa, would the CBP ask her lots of question regarding she have her US citizen son with her?

The son is not the problem. He can enter and leave at will as he is a US citizen. And the mother would surely keep her baby with her if she could. They are not bothered about the baby.

[A'n'L 735]

Did she pay the medical expenses related to her birth?

[Gadogado 0]

Which country is she from? I was reading your post assuming she was Japanese but Japan is part of the VWP so a B2 wouldn't be needed.

They let her in before in the advanced stages of pregnancy and with an American boyfriend so anything can happen. It looks like there is a veiled suggestion that she was planning to overstay and adjust before (the relationship didn't work out so she went home - what was she planning to do if the relationship DID work out?)

She will need to show strong evidence of returning at the end of her visit. Return ticket, letter from employer, etc. If I were the CBP officer my question would also be of this is about the baby getting to know his father why can't the father fly to her country? Would be a lot easier for one man to travel long-haul than for a woman and a baby and all the things she will need for the baby.

she is actually from poland. we used to be a room mate back to 8 yrs ago. thats right, when she came here 4 yrs ago (with b2) she was thinking to get married with her (now ex) bf and be settledown here in US. but unfortunely their relationship ended up with separations. ok now what if she change her visa to F? do u think she can pass the POE since she have her son with her? she actually wants to study for her doctoral degree here and also wants her son to be close to his father!

[Gadogado 0]

The son is not the problem. He can enter and leave at will as he is a US citizen. And the mother would surely keep her baby with her if she could. They are not bothered about the baby.

so in this case do you think they both can re-enter?

Did she pay the medical expenses related to her birth?

she said she paid for herself but the baby has medicaid during that time.

[A'n'L 735]

So her intention is to stay permanently in the US after entering on F or B visa? Sounds like you're asking advice for fraudulent actions if that is the case. That's no good on this forum.

[az2014 381]

Its pretty obvious that she is planning on staying in the USA permenantly and trying to find the easiest way to not have any problems at the POE.

Travelling on a B2 with the intent to stay in the USA is illegal.

[Mollie09 1,543]

Your friend has already committed fraud once, tell her to quit while she's ahead.

[Gadogado 0]

So her intention is to stay permanently in the US after entering on F or B visa? Sounds like you're asking advice for fraudulent actions if that is the case. That's no good on this forum.

Nope!! I know her very well. Can you tell me which part is her attempting of fraudulent actions? 1st she just want her son meet her father, beside that she wants to study for her doctoral degree. If she really want to stay here permanently for sure she is smart enough not to decide to leave this country 3 yrs ago after the baby has born!!

[Cheezees 1,514]

One of my friends came to the US while pregnant and had her baby. She moved back to my country with the child (the child's father is also from my country so the only American was the baby). When she applied to renew her visa, she was denied and told she should not bother to apply again. The child is free to travel to the US but her mother cannot. Take note!