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Suzyn0985

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Hello everyone I'm asking for a friend, she is currently here in the US on a visitor visa she was here visiting and covid 19 hit and couldnt return back yet to her country and is pregnant and due to give birth soon. She intends to pay for the hospital but is looking for affordable options if anyone knows and In this situation can the baby become a citizen and how can she apply for the baby's citizenship and what documents does she need and according to the new policy how long after the birth must she stay in the US for the baby to obtain the citizenship. Thank you in advance.

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The baby will be a citizen because it will be born here, local birth certificate is all she needs. Presumably she will want to apply for a passport for the baby. This turn of events quite probably means she will not be able to enter as a visitor again, given the official dis-allowance of birth tourism (still legal but officially frowned upon) by the current administration. In my opinion it is likely it will be viewed as an abuse of her visa and she stands to lose her visa, even if she hasn’t overstayed (this is not clear, has she?), plus having a USC baby will make future visit visas hard to get. Baby will give her no rights here until baby turns 21 and if meeting domicile and income requirements can then sponsor her for a green card.

 

 

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1 hour ago, Suzyn0985 said:

Hello everyone I'm asking for a friend, she is currently here in the US on a visitor visa she was here visiting and covid 19 hit and couldnt return back yet to her country and is pregnant and due to give birth soon. She intends to pay for the hospital but is looking for affordable options if anyone knows and In this situation can the baby become a citizen and how can she apply for the baby's citizenship and what documents does she need and according to the new policy how long after the birth must she stay in the US for the baby to obtain the citizenship. Thank you in advance.

When does her I-94 expire?  She should definitely not overstay.  Contrary to popular belief, giving birth in the US does not confer any immigration rights or status.

 

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1 hour ago, Jorgedig said:

When does her I-94 expire?  She should definitely not overstay.  Contrary to popular belief, giving birth in the US does not confer any immigration rights or status.

 

Yeah, Covid “hit” in March (that was when everything started shutting down anyway) so if she was here before then, she would have overstayed already, in the absence of an extension. 

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Also what counts as affordable? (The answer to that is usually: not the US.) Cheapest state is Nebraska, where an uninsured no complications natural birth averages just under $9000. There are a number in the $11k-$15k range, and some over $20k.https://www.cbsnews.com/pictures/cost-giving-birth-in-united-states/29/  I presume she has significant savings at home to have been supporting her for the time she has been here and to pay for the birth? 

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There are so many things that could impact here, for a start where is the father, if if he is resident in the US and does not want the baby to leave she would be well advised getting out of Dodge before the borth.

 

Hopefully the OP will come back with more info.

“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.”

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Filed: K-1 Visa Country: Wales
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8 hours ago, SusieQQQ said:

Also what counts as affordable? (The answer to that is usually: not the US.) Cheapest state is Nebraska, where an uninsured no complications natural birth averages just under $9000. There are a number in the $11k-$15k range, and some over $20k.https://www.cbsnews.com/pictures/cost-giving-birth-in-united-states/29/  I presume she has significant savings at home to have been supporting her for the time she has been here and to pay for the birth? 

Well if she has been visiting for over 6 months she must have, US is not cheap. And of course nobody wants to spend sill money on healthcare costs, many people I know go abroad for things like dental treatment, well not a cleaning but when it gets costly. Reminds me I need to call and get my cleaning set up.

“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.”

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9 hours ago, SusieQQQ said:

Cheapest state is Nebraska, where an uninsured no complications natural birth averages just under $9000.

Only $850 at a birthing center in El Paso TX, same-day birth certificate included.  My sister trained there to be a midwife.

 

https://www.theatlantic.com/business/archive/2016/02/midwives-el-paso/459969/

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25 minutes ago, carmel34 said:

Only $850 at a birthing center in El Paso TX, same-day birth certificate included.  My sister trained there to be a midwife.

 

https://www.theatlantic.com/business/archive/2016/02/midwives-el-paso/459969/

Wow, wonder why the price is so different to that newspaper article. Though I am guessing a “birthing center” is not a hospital, which is what the newspaper article was quoting. What happens if there are complications? (Any change since the change in birth tourism policy, that article is well before that happened?)

 

Ok so looks like OP’s friend can find somewhere affordable if they get to the border then, doesn’t solve the potential other issues though...

 

I am really glad I gave birth before I came here lol. Private room in a top private hospital (globally competitive health care despite a developing country) with an emergency Caesar, approx $1200 (probably a little more now)....all paid for by my medical insurance of course. And the child is now a USC ;)

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5 minutes ago, Suzyn0985 said:

Shes In nj and she hasnt overstayed the visa thank God. What does the new requirement say about how long she must stay after birth to get the citizenship for her baby.

There is no requirement to stay after birth. Again, the baby is a citizen because it is born here.

 

I’m a little confused, because if she hasn’t overstayed she must have arrived after, not before, “Covid hit”. When does her i94 expire?

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37 minutes ago, Suzyn0985 said:

Shes In nj and she hasnt overstayed the visa thank God. What does the new requirement say about how long she must stay after birth to get the citizenship for her baby.

US citizenship is automatically granted at birth.  There is no time where "she must stay after birth to get citizenship."  The US birth certificate filed with the local authority in NJ is proof of US citizenship.  She can apply for the baby's US passport at a US Embassy/Consulate in her home country.  

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4 hours ago, SusieQQQ said:

There is no requirement to stay after birth. Again, the baby is a citizen because it is born here.

 

I’m a little confused, because if she hasn’t overstayed she must have arrived after, not before, “Covid hit”. When does her i94 expire?

I think it will be one of those VJ mysteries.

“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.”

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1 minute ago, Boiler said:

I think it will be one of those VJ mysteries.

Well, not really, and quite transparent.

Hopefully she can make it to El Paso so she doesn’t add use of public funds to her already problematic use of a visa. 

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Let’s hope there are no complications. Not only is NICU and ICU very expensive but complications will also mean a longer stay.

 

I am wondering how long she has been here if her I-94 has not expired yet - I assume that’s what the OP meant by the visa has not expired. OP, even though the person may have a 10-year visa they maximum stay per visit is determined at the POE, and won’t be more than 6 months. I know of at least one person who thought a 10-year B-2 visa meant she could stay for 10

years. 
 

If she arrived here after the end of April it makes me wonder what the plan was. Doesn’t seem like the best plan in the world to travel overseas during a pandemic when heavily pregnant and traveling to the country with the highest number of cases in the world and with the most expensive hospitals and doctors in the world. 
 

Where is the father? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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