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  • mother's rights for delivering a baby on visitor visa

    hello there

    i want to know what are the rights for mother who is on visitor visa and delivers a baby in USA. I know baby will become US Citizen automatically.

    can mother stay here for longer period ? will there be a problem while leaving USA if paid some part of the the bill ?

    thanks
    Last edited by dgajjar; 07-21-2014, 10:24 AM.

  • #2
    If a pregnant woman is allowed into the U.S., but then cannot leave because of the advanced pregnancy, and/or delivers a baby in the U.S., she will have to request an extension to her allowable visa expiration.

    If your visa expires while you are in the U.S. with the baby, and you do not have a pending visa extension request, you will become a visa overstay and subject to overstay penalties or bar from reentry to the U.S. in the future.

    If the babe is born in the U.S., he automatically becomes a U.S. citizen, unlike citizenship requirements in many other countries. But the child's citizenship does not give you any special privileges. The child cannot petition you for an immigrant visa until the child turns 21.

    If you do not have insurance to cover the baby delivery costs, you will end up owing the hospital a big chunk of money ($2,000 to $10,000). There is no way you can be detained from leaving the U.S. for owing this money, but you will make the hospital very angry if you "stiff" the for the medical costs.

    --Ray B



    Originally posted by dgajjar View Post
    hello there

    i want to know what are the rights for mother who is on visitor visa and delivers a baby in USA. I know baby will become US Citizen automatically.

    can mother stay here for longer period ? will there be a problem while leaving USA if paid some part of the the bill ?

    thanks

    Comment


    • #3
      Originally posted by rayb View Post
      If a pregnant woman is allowed into the U.S., but then cannot leave because of the advanced pregnancy, and/or delivers a baby in the U.S., she will have to request an extension to her allowable visa expiration.

      If your visa expires while you are in the U.S. with the baby, and you do not have a pending visa extension request, you will become a visa overstay and subject to overstay penalties or bar from reentry to the U.S. in the future.

      If the babe is born in the U.S., he automatically becomes a U.S. citizen, unlike citizenship requirements in many other countries. But the child's citizenship does not give you any special privileges. The child cannot petition you for an immigrant visa until the child turns 21.

      If you do not have insurance to cover the baby delivery costs, you will end up owing the hospital a big chunk of money ($2,000 to $10,000). There is no way you can be detained from leaving the U.S. for owing this money, but you will make the hospital very angry if you "stiff" the for the medical costs.

      --Ray B
      Thank you Ray,

      Your comments help. We also want to pay full money before leaving USA. But what will happen if we did not pay full amount(let say 20%)? Will it create problem while leaving USA ?

      Thanks

      Comment


      • #4
        Having an outstanding medical bill balance won't affect your ability to leave the U.S. in any way.

        --Ray B

        Originally posted by dgajjar View Post
        Thank you Ray,

        Your comments help. We also want to pay full money before leaving USA. But what will happen if we did not pay full amount(let say 20%)? Will it create problem while leaving USA ?

        Thanks

        Comment


        • #5
          Originally posted by rayb View Post
          Having an outstanding medical bill balance won't affect your ability to leave the U.S. in any way.

          --Ray B
          Thank you Sir. Can mother get any legal rights to stay within USA because her child is US citizen?

          Thanks

          Comment


          • #6
            Only at the discretion of an Immigration Court or USCIS administrative decision to allow her to remain for "Humanitarian Reasons," probably on "parole." Don't count on it. More likely, she will be given an order to leave the U.S., presumably with the child (but leaving the child with a caretaker or relative is also an option).

            --Ray B

            Originally posted by dgajjar View Post
            Thank you Sir. Can mother get any legal rights to stay within USA because her child is US citizen?

            Thanks

            Comment


            • #7
              Originally posted by rayb View Post
              Only at the discretion of an Immigration Court or USCIS administrative decision to allow her to remain for "Humanitarian Reasons," probably on "parole." Don't count on it. More likely, she will be given an order to leave the U.S., presumably with the child (but leaving the child with a caretaker or relative is also an option).

              --Ray B
              It helps. now my last question is (must appreciated about your quick response), will there be any chances about NOT allowing her in USA at the airport because she is pregnant ? by officer at port of entry.

              Thanks

              Comment


              • #8
                The most likely rejection will be when she tries to board her plane in country of origin. While Port of Entry officers can reject or detain people who appear sick, I believe it highly unlikely that a pregnant arrival would be sent back.

                --Ray B

                Originally posted by dgajjar View Post
                It helps. now my last question is (must appreciated about your quick response), will there be any chances about NOT allowing her in USA at the airport because she is pregnant ? by officer at port of entry.

                Thanks

                Comment


                • #9
                  Originally posted by rayb View Post
                  The most likely rejection will be when she tries to board her plane in country of origin. While Port of Entry officers can reject or detain people who appear sick, I believe it highly unlikely that a pregnant arrival would be sent back.

                  --Ray B
                  This all really greatly helps. Much appreciated.

                  Comment

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