US born child to Non-US parents

[birdslove205]

Hi,

We have a son who is 1 year old. Our visa is getting expired in another 1 year. My husband wants to go back to India. I want to know if I can stay here in US with my son to look after him without any visa? Or What is the procedure to stay with my son here in US?

Thanks in Advance

[mrcoolbuddy]

You cannot stay in US legally without any visa. If you are on a dependent visa, you can only stay if the primary visa holder (your husband) is staying. If you are also on a work visa (H1, L1 etc) ... you can continue your stay with your son, your son will become dependent for you.

What is your current visa?
As you have one year time, you can think of changing your status to any valid work visa if you have the eligibility.

[peace999]

Hi,

We have a son who is 1 year old. Our visa is getting expired in another 1 year. My husband wants to go back to India. I want to know if I can stay here in US with my son to look after him without any visa? Or What is the procedure to stay with my son here in US?

Thanks in Advance

Please post your and your child's visa status.

[birdslove205]

Thanks for the replies. My Son is a US Citizen. I have a H4 visa.

[peace999]

Thanks for the replies. My Son is a US Citizen. I have a H4 visa.

Ok. As you know, your H-4 is dependent on your husband's H-1.
Once he goes ( loses his H-1 ) , you will lose your H-4.

You have one year. What you can do is ;
a) if you have H-1 qualifications, you can look for an employer to sponsor you for an H-1.
Once H-1 peition is approved, you can change status H-4 to H-1.
b) If a) is not possible, and if you can afford it, enrol in a student program. ONce enrolled,
you can apply for change from H-4 to F-1.
c) Other visa options may be available depeding on your education, field of study
and experience. Also mention if you have any other close relatives in US and on which visas?