Baby born in US with a B2 Visa Holder Mom

[SusieQQQ 11,587]

2 hours ago, NovaDC said:

Away from emotionally. The father has been told about her plan and she will be back in the Philippines after she bore the baby. She needs to go back in Philippines too to attend with her businesses.

So she just conveniently “has to get away” in time for the baby to be born. Yeah, no one can see through that flimsy excuse. 

1 hour ago, NovaDC said:

She won't be bringing bag of cash as proof of money. That's for sure. But that's what mastercards and visas do.

I don't want to say this but she has a  big real estate business back home and chains of fastfood chain. So she won't let taxpayers here to pay for her baby Roel😉

Waving a credit card won’t be good enough for CBP. Sorry to burst your bubble. She will need to have proper proof she can pay.

 

Worst case is not actually a couple of hundred thousand dollars, worst case is complications that means the baby can’t travel but she will have to leave because her visa stay is up. One day overstay = cancelled visa and about zero chance of a new one. 

[Going through 5,671]

5 hours ago, NovaDC said:

Now she is 5 months pregnant. Now,she wanted to be here in the US next month and just wait till she borns the baby here.

Ok so with the timeline mentioned above...

 

Let's assume she would be granted a 6-month stay in the US when she crosses the border.  I say assume, because highly possible POE may grant her duration of stay at only a few weeks once they see she is visibly pregnant. (in other words, there is no guarantee they will allow her to stay the entire 6 months since she would be in her third trimester, and it's normal for them to assume she just wants to come to the USA to give birth and then never leave...which they see all the time).  

 

-She would be giving birth within 3 months.  

-She can't just hop on a plane with her baby right after birth, even when discharged from the hospital...paperwork needs to be processed, what-have-you...which takes time so the infant is able to board the plane back to the Philippines.  The birth certificate alone is going to take at least a few weeks to receive.

-She will have used up 3 months of her visit waiting to give birth...that leaves only 3 months to heal well enough to travel (what if there are complications?), and get everything handled on her end so the child can board the plane back.

-She will probably end up overstaying due to time-factors.  Some people in her same situation end up overstaying for months/years/never returning.

 

There's a chance the officer at POE will take one or more of the factors mentioned above in their assessment of whether she should be admitted into the US at all in her condition, especially since she would only be a few months away from giving birth.  They will naturally assume she is planning to overstay once the baby is born.

 

Another thing to take into consideration is that many airlines have regulations/restrictions about flying when in the third trimester.  She'll want to check into that as well.

Edited September 17, 2018 by Going through

[Mr.Jose 64]

Whatever you and your friend are doing I hope you’re doing it for the sake of baby. Which you’re probably not. Even if baby born in the US, mother cant stay, unless your friend already has a plan to break the law.

 

When passing POE, let the officer know she’s pregnant and get officers input on the issue, a answer you probably won’t like.

 

Even when child turns 21 and petitions for mother, USCIS will question the mothers plans 21 years ago.

[Mr.Jose 64]

5 hours ago, Roel said:

You conveniently avoid answering this..  

 

So will she have proofs of having thousands of dollars to cover the birth? There is a huge chance she will be asked for it. Does she realize she won't get any legal status? Or does she just plan to give birth, let tax payers pay for it? If yes then let her know that this will result in her probably not be allowed back to the US again until bills are paid. 

Unfortunately, I don’t think paying for anything is the plan. They already know the law about hospitals, in an emergency situation, none can’t be turned away.

[Mr.Jose 64]

5 hours ago, NovaDC said:

She won't be bringing bag of cash as proof of money. That's for sure. But that's what mastercards and visas do.

I don't want to say this but she has a  big real estate business back home and chains of fastfood chain. So she won't let taxpayers here to pay for her baby Roel😉

She has a big business, chains of restaurants in Philippines, but tries to get away from her ex with his baby, and give birth in the US, why not Philippines? 

 

Your story doesn’t make any sense.

Edited September 17, 2018 by Mr.Jose

[CEE53147 559]

OP,  IMO, you are being used and being lied to.  If she is really so successful, how are you her only friend? Are you prepared to host her and a newborn in your home for an extended period of time?  If you rent, what will your landlord do to your lease? How will you financially afford two additional members of your family? Remember, newborns are expensive with both time and money.You are at risk in this situation.

[EM_Vandaveer 2,408]

As far as the question itself goes: if the baby is born in the US, the baby will be born a US citizen. Also, once the baby turns 21, he or she can file for an immigrant visa for the mother (as long as that option still exists then). (Assuming that she pays for all medical costs and does not overstay.)

 

[Going through 5,671]

6 hours ago, NovaDC said:

Away from emotionally. The father has been told about her plan and she will be back in the Philippines after she bore the baby. She needs to go back in Philippines too to attend with her businesses.

If she needs to get away from the child's father emotionally....can't she just move to another home in the Philippines?  Why does she feel she needs to come to the US to have the baby (considering neither birth parent is a USC, and assuming neither birth parent has any ties to the US)?

 

If her plan is to immigrate to the US thinking she can automatically do so with a US-born child....she has a long wait on her hands before that possibility can happen.  And providing immigration reform still allows that category in the future by the time the child turns 21 years of age.

[NikLR 13,231]

If she has the money and the CBP let her in she can have the baby in the USA.  Birth tourism is a thing in the USA too.  I understand wanting to be with close friends or family during the birth of a child when you are a single parent.  Best wishes to her.  

[Boiler 45,927]

Seems odd, no doubt more to the story.

[WeGuyGal 1,052]

Let's wait for OP to come back and answer the many doubts raised here. 

 

Some as well-off as OP claims his friend is with numerous businesses usually doesn't rely on a friend to seek advise on a forum. 

[Ben&Zian 4,398]

 ah.. the birth right citizenship... ugh.

[NovaDC 270]

1 hour ago, CEE53147 said:

OP,  IMO, you are being used and being lied to.  If she is really so successful, how are you her only friend? Are you prepared to host her and a newborn in your home for an extended period of time?  If you rent, what will your landlord do to your lease? How will you financially afford two additional members of your family? Remember, newborns are expensive with both time and money.You are at risk in this situation.

We are not renting. And she is planning to rent a townhouse to stay in Fairfax, Northern Virginia. 

[NovaDC 270]

33 minutes ago, WeGuyGal said:

Let's wait for OP to come back and answer the many doubts raised here. 

 

Some as well-off as OP claims his friend is with numerous businesses usually doesn't rely on a friend to seek advise on a forum. 

If you can't give any advice, it's okay. 😅

[NovaDC 270]

1 hour ago, NikLR said:

If she has the money and the CBP let her in she can have the baby in the USA.  Birth tourism is a thing in the USA too.  I understand wanting to be with close friends or family during the birth of a child when you are a single parent.  Best wishes to her.  

Thank you so much for being sympathetic.