Can I reget a visiting visa to the USA with my baby who was born in the usa
Asked on Jul 18th, 2013 on Immigration - Rhode Island
More details to this question:
I an a syrian citizen and i live in qatar . Last year, I visited the usa because of the visiting visa that i have had and i delivered my baby there as well. My visa is going to be expired in jaunurary 3, 2014 ,, my question is , can I have another visa to go to the USA with my baby, who has an American passport, whenever I can ??? And if yes,, what are the steps for that????
As your visa is valid until January 3, 2014, you can reenter the States before that time with the same visa as long as you did not overstay the period of time that was given to you by U.S.C.I.S. when you previously stayed in the country. In after having delivered your baby here and contemplating returning to America with your baby who has a U. S. passport, you may run into the question of whether you actually have non-immigrant intent, which is central to your entry as a visitor. In entering on the current visa, you may have to convince a Customs and Border Protection officer that you actually intend to only remain in the country for short period of time and that you will leave at the end of your intended period of stay. In attempting to obtain another visa from a U. S. consulate or embassy, you would have to disclose that you have a child who was born in the U. S., and that fact may impact the consular officer’s decision of whether to give you another visitor’s visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Your US citizen child may make it more difficult for you to obtain a visitor visa because you are more likely to stay in the US than before. This is referred to as immigrant intent. Certainly you may apply, but having a US citizen child won't make it easier and could make it harder.
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