QUESTION
Can I remain in the USA after having a child?
Asked on Mar 31st, 2013 on Immigration - Nevada
8 ANSWERS
Adebola O. Asekun
Having a child in the US gives you no status, none at all. If you are not currently in status, you will need to consult with an immigration attorney to advise you of the various options that may be available to you based on the specific facts of your situation.
Answered on Apr 04th, 2013 at 9:02 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
No.
Answered on Apr 02nd, 2013 at 2:12 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
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Not unless you have a green card or are an U.S. citizen.
Answered on Apr 02nd, 2013 at 12:13 PM
A person who has a US citizen child does not get any status, whatsoever, for immigration purposes. The child must reach the age of 21 years before a child can decide whether to petition their parents. A parent who is lawfully admitted into the US may be petitioned once the child turns 21. Those parents who entered without inspection are usually disqualified from processing in the United States unless a complicated set of facts exist. I strongly recommend an appointment with a competent and experienced immigration attorney before you do anything, including leaving the United States.
Answered on Apr 01st, 2013 at 3:19 PM
Rebecca T White
Being the parent of a US citizen does not give you any status. If you need to extend a visa status for health reasons that may be an option.
Answered on Apr 01st, 2013 at 3:19 PM
No not just because you gave birth to your child here in the US.
Answered on Apr 01st, 2013 at 3:16 PM
Not legally. There is no separate basis for staying in the US just due to the birth of a baby.
Answered on Apr 01st, 2013 at 3:16 PM
Having a child here does not legally entitle you to remain in the United States. You have to renew the visa you entered on and/or apply for a visa/green card. You should consult with an immigration attorney.
Answered on Apr 01st, 2013 at 3:15 PM