Jump to content

8 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Like to know the options of a pregnant mother who entered US here on a tourist visa. 

The tourist visa obviously has an expiration date. If she does not leave the country by then, what are her rights?
Would she be able to overstay her visa and adjust it's status if she gives birth in the US? Can she go after the "dad" who is a legal resident for child support? (assuming the dad is not willing to marry her)

What legal options would the dad have in terms of a custody battle since she has no income due to the lack of a work permit.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

~Moved to General Immigration-Related Discussions~

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Filed: Timeline
Posted (edited)

Having a US citizen baby doesn't give her any rights to live in the US.  

 

She will not be able to adjust status since a US child under age 21 doesn't make her eligible for a green card.

 

Her child must be at least age 21 to petition for her.

 

She can go after the dad for child support.

 

Custody will be up to the family court.  She could lose custody of the baby and be deported.

 

If custody is important, then she has no chance in the US.  No money.  No way to be legal.  Going to court puts her at risk for deportation under the Trump Administration.  She should go home to have the baby.

 

Even if the green card father marries her, she can not stay and adjust status since there is no way for her to maintain status for two years while waiting for a green card and visa overstays are not forgiven for the spouse of an LPR.

 

Edited by Jojo92122
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Zero rights, as stated by Transborderwife. Proving parentage will be costly and timely - and maybe end in a legal mess. Getting a dime from the father will be tough. The liberal days of the so-called "anchor baby" are numbered under Trump. The baby gets citizenship, but mother gets booted - probably in an expedient manner. Trump is speeding up deportations - I've seen it locally. So, she can risk leaving the baby in the U.S. and getting deported, or have the baby at home. Best bet: have the baby at home, not the U.S.

Posted (edited)

Rights? Human rights. But no right to work, most government services or assistance, etc. She can be caught and detained or deported at any time.

 

She has no means to adjust status (either via the child or if she married). She can go after the dad for child support...albeit (as noted) it may be a bit risky in the current environment to go through a US court. It's a different type of court so it shouldn't matter, but she certainly would not be the first person in the last few months to be taken in by ICE while in a courthouse for an unrelated matter.

 

The dad may choose to seek visitation rights or custody of the child in family court. Having no income of her own (and no means to obtain legal work or many government benefits) may impact the decision. That's also an issue to be worked out in family court (just like child support). If she were to be deported, he could choose to retain custody in the US while she is separated from her child.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Nada zilch, she needs to leave before the expiry date of her I 94, unlikely her travel Insurance would cover medical costs.

 

Child support is another issue and she would need to seek legal advice.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...