QUESTION
Can she ask for extension on her visa to stay in the Philippines so she can deliver the baby there?
Asked on Sep 28th, 2012 on Immigration - California
More details to this question:
My wife who is pregnant right now has a cr1 visa, which will expire on Nov 22, 2012. Her due date is January 26 to February 16, 2013.
3 ANSWERS
Yes, she can try to get an extension through the Consulate or she can enter the US now while she is still in her 2nd trimester.
Answered on Oct 01st, 2012 at 11:37 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
She should contact the consulate to see if they will extend for her and explain her pregnancy. You will then need a Report of Foreign Birth Abroad for the baby to obtain U.S. citizenship.
Answered on Oct 01st, 2012 at 1:03 AM
She needs to properly pursue her I-751 petition and file with time to spare before November 22, 2012. I strongly recommend a teleconference with a candid, competent and experienced immigration as soon as possible. You will need an attorney who is experienced enough to take the time to review the facts and make recommendation on how to properly file the I-751 as soon as possible. She will also have to return for fingerprints at a biometrics exam in the U.S. Otherwise, complications may result in the loss of her status and she may have to start the process from the beginning. If she have given up her residence in the U. S., then this may also create confusion.
Answered on Oct 01st, 2012 at 1:03 AM