Nephew US Citizen but Parents are not

[joshsinghvirk 4]

Hello everyone,

My friend and his pregnant wife came in the US few years ago in a tourist visa and wife delivered her baby in the US but she left the coutry before her 6 months and also paid all the hospital and doc fees. Now her tourist visa is expiring and don't know if she will be able to get another 10 tourist visa. Let me be clear, she never over stayed, paid all the dues, and also don't want any residential status for herself yet. She planning to send her son to the US after he finishes his High School. So my question is, will she able to get tourist visa without any issues and will a brith tourism thing might back fire them in the future as they are planning to come to the US because they are also waiting for their brother/sister petition which is filed by mother's brother.

Any other detail regarding this situation will be highly appreciated

Thank you

[Crazy Cat 42,046]

5 minutes ago, joshsinghvirk said:

Hello everyone,

My friend and his pregnant wife came in the US few years ago in a tourist visa and wife delivered her baby in the US but she left the coutry before her 6 months and also paid all the hospital and doc fees. Now her tourist visa is expiring and don't know if she will be able to get another 10 tourist visa. Let me be clear, she never over stayed, paid all the dues, and also don't want any residential status for herself yet. She planning to send her son to the US after he finishes his High School. So my question is, will she able to get tourist visa without any issues and will a brith tourism thing might back fire them in the future as they are planning to come to the US because they are also waiting for their brother/sister petition which is filed by mother's brother.

Any other detail regarding this situation will be highly appreciated

Thank you

Based on what you posted, her previous visit shouldn't be an issue.  

[Unlockable 7,315]

Agreed. Shouldn't be an issue. The parents didn't do anything wrong. 

 

People have a misconception that birth tourism is wrong. Anyone is free to come here and have a child if they have the appropriate visa and funds/insurance to pay for the birth. It is when foreigners come here, have a child and leave without paying the bill or use government benefits to pay for the birth is when it is a problem.

Edited August 2, 2018 by NuestraUnion

[Unlockable 7,315]

*** Moved to "Tourist Visas" ***

[joshsinghvirk 4]

1 minute ago, NuestraUnion said:

*** Moved to "Tourist Visas" ***

Thank you for the response. I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now?

[Crazy Cat 42,046]

Just now, joshsinghvirk said:

Thank you for the response. I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now?

A US citizen must be 21 years old to sponsor parents.........

[joshsinghvirk 4]

27 minutes ago, missileman said:

Based on what you posted, her previous visit shouldn't be an issue.  

Thank you, i was just confuse that the immigration officer might refuse to give another 10 years of tourist visa due to the birth of the child and also with all these restrictions of immigration now a days.

[Going through 5,671]

7 minutes ago, joshsinghvirk said:

Thank you for the response. I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now?

If neither one of the parents is a USC or LPR, no.   If no other qualifying relatives (who are either USC or LPR), no.

 

The USC born child cannot sponsor the parents until he/she reaches the age of 21.

 

You have the sibling petition already filed---that cannot be "waited out" in the USA.

 

Edited August 2, 2018 by Going through

[arken 4,197]

7 minutes ago, joshsinghvirk said:

Thank you, i was just confuse that the immigration officer might refuse to give another 10 years of tourist visa due to the birth of the child and also with all these restrictions of immigration now a days.

Visas are never guaranteed. There is always a chance that they could get denied but that shouldn’t stop them from applying.

[WeGuyGal 1,052]

30 minutes ago, joshsinghvirk said:

Thank you for the response. I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now? 

No residential status. The 5-yr old USC child grants no immigration benefit to his parent(s) until after he turns 21. The initial post mentioned their non-interest in a residential status, yet you still ask. 

 

28 minutes ago, joshsinghvirk said:

Thank you, i was just confuse that the immigration officer might refuse to give another 10 years of tourist visa due to the birth of the child and also with all these restrictions of immigration now a days.

A visa is never guaranteed. The parent may qualify for an interview waiver, or may still get called for an interview even if she qualifies for a waiver. She has to list all children including the USC child on her ds160, and should be prepared for any query related to the US birth should it come up.

 

[Roel 7,193]

49 minutes ago, joshsinghvirk said:

Thank you for the response. I am curious to know is there any way the mother and her husband can get residential status now in the US, if they plan to come with the child who is now 5 yrs old now?

No.  

The child can sponsor them when he turns 21 years old. 

[milimelo 4,541]

And make sure child registers for selective service when he turns 21 and files taxes.  

[NigeriaorBust 4,087]

  As long as they show stronger ties to the home country than the US. they should be able to get a visa.  That being said having a USC child no matter the ages ups their ties to the US.  What have they done to up their ties to their home country.

[SusieQQQ 11,587]

2 hours ago, milimelo said:

And make sure child registers for selective service when he turns 21 

*18

[SusieQQQ 11,587]

2 hours ago, Roel said:

 

The child can sponsor them when he turns 21 years old. 

IF the law hasn’t changed by then...