unmarried daughter pregnant

[edsperfect 25]

Here is our problems. My wifes daughter is pregnant lost her job but is in line for an immigration visa since we applied January 2012 and looking atvthe visa bullitins feb 2011 is up now so she could be getting a notice to gather her paper work.  We were all going to just wait but unfortunatley the girl got pregnant, due in April, lost her job in Moscow and has no family in russia but does have an us visitors visa since she has been here at least a dozen times. She speaks perfect english, university educated and a brillient woman expcet when it comes to men. So whats new right.

 

My thought is she should come here now, have the baby and then apply for change of status.

 

Please indicate any problems or yor thoughts on the matter

[Kastrs 723]

Bad plan, fraud to come on a visit visa with the intention to adjust status

[Unlockable 7,314]

But how is she going to adjust status?

 

The only way to adjust status like that is through a US citizen spouse or a US citizen child over 21.

 

[Russ&Caro 1,549]

25 minutes ago, Kastrs said:

Bad plan, fraud to come on a visit visa with the intention to adjust status

It's not fraud, it's just not possible. A son/daughter can't adjust thru a parent.

[BuiQuang 95]

18 minutes ago, Russ&Caro said:

It's not fraud, it's just not possible. A son/daughter can't adjust thru a parent.

the fraud is using non-immigrant visa with intent to immigrate by adjusting status.  so, it is fraud.  since she not IR of a usc, the fraud is not forgiven.  her preconceived immigrant intent would matter.

 

p.s.  a son or daughter can adjust through a parent.  lots of people do it when visa numbers available to them.  

Edited December 6, 2017 by BuiQuang

[BuiQuang 95]

57 minutes ago, edsperfect said:

Here is our problems. My wifes daughter is pregnant lost her job but is in line for an immigration visa since we applied January 2012 and looking atvthe visa bullitins feb 2011 is up now so she could be getting a notice to gather her paper work.  We were all going to just wait but unfortunatley the girl got pregnant, due in April, lost her job in Moscow and has no family in russia but does have an us visitors visa since she has been here at least a dozen times. She speaks perfect english, university educated and a brillient woman expcet when it comes to men. So whats new right.

 

My thought is she should come here now, have the baby and then apply for change of status.

 

Please indicate any problems or yor thoughts on the matter

problem is immigration fraud.  illegal to use visitor visa to enter us with intent to aos.  immigrant intent will not be forgiven since she not IR of USC.  it will end badly.

 

also, how she gonna pay for the birth?  if she uses public money, she become public charge and will affect her immigration.

 

bad. bad. bad.  extremely bad idea.

[edsperfect 25]

I am not sure that all the above is accurate. I read in the immigration section of US laws that if you are in US validly and recieve notification of interview for immigration visa you can go to US office somewhere and apply for adjustment of status and get it done here

[NigeriaorBust 4,087]

 Your problem is if she flies here pregnant they will NOT approve her staying until the child is born, she overstays then she no longer has status to adjust from.  They will most likely do the correct thing and turn her around on the next plane and cancel her visa for obvious misuse of the visitors visa.  If she uses public funds to deliver the child she will be denied the green card as a public charge , these things are NOT forgiven for adult children of USC or PR's as they are not immediate relatives.

[Lain 64]

4 hours ago, edsperfect said:

I am not sure that all the above is accurate. I read in the immigration section of US laws that if you are in US validly and recieve notification of interview for immigration visa you can go to US office somewhere and apply for adjustment of status and get it done here

You will receive notification of interview when your PD will become current and you still have to wait at least 1 year for that. Looks like she'll have to give a birth in Moscow and then to add the baby as a derivative.

[SusieQQQ 11,586]

4 hours ago, edsperfect said:

I am not sure that all the above is accurate. I read in the immigration section of US laws that if you are in US validly and recieve notification of interview for immigration visa you can go to US office somewhere and apply for adjustment of status and get it done here

The above is indeed accurate. The "immigration section of US laws" is pretty long. How much of it did you read?

 

You are ignoring that being in the US "validly" means you entered in accordance with the terms of the visa, VWP, etc under which you were admitted. It doesn't just mean that you didn't enter illegally.

 

Here's a scenario for you: she arrives at the border. The CBP officer asks her her purpose of stay. She tells the truth - that she is planning to wait for her number to become valid and then adjust status. The CBP officer will inform her that that is contrary to the purpose for which her B visa was issued, and sends her back home. He is even more likely to ask lots of questions if she is visibly pregnant. Her other alternative is to lie - and lying to a CBP official about the purpose of a visit is a bad, bad mistake. Here's a section of immigration law you may not have read yet- i've bolded the bits particularly pertinent to such a scenario:

 

Section 212 (a)(6)(C) states:

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

The inadmissibility that results from this violation of immigration law is a lifetime bar to entry.

 

 

Edited December 7, 2017 by SusieQQQ

[edsperfect 25]

Well thanks all for the info. Yes shecwill just have to wait until next year to get her visa thanks

[Boiler 45,516]

She has the money to pay for her medical expenses, do you know how much that would be?

[Springrain22 427]

8 hours ago, edsperfect said:

Well thanks all for the info. Yes shecwill just have to wait until next year to get her visa thanks

Only this way. Don't play here and don't commit any visa fraud. It will bite you much harder than you might think. Do the right thing and you'll be fine.

[Pinkrlion 2,719]

15 hours ago, Lain said:

You will receive notification of interview when your PD will become current and you still have to wait at least 1 year for that. Looks like she'll have to give a birth in Moscow and then to add the baby as a derivative.

 

There is no derivative for a grandchild.  You will have to think about the child's care needs and this immigration plan.  Your spouse may need to live with her daughter for a while.  

[geowrian 22,337]

1 minute ago, Pinkrlion said:

There is no derivative for a grandchild.  You will have to think about the child's care needs and this immigration plan.  Your spouse may need to live with her daughter for a while.  

The derivative would be the beneficiary's child, not grandchild.