QUESTION

How can she stay here to have baby and will baby be US citizen if born in the US to a Guatemalan mother and dual Guatemalan/US citizens father?

Asked on Dec 18th, 2014 on Immigration - Florida
More details to this question:
I'm asking for a handyman employee of mine: He has dual Guatemalan and US citizenship; she is only a Guatemalan citizen, residing in Guatemala. Currently, she has been visiting here in Florida for 7 weeks. She is now 6 weeks pregnant; baby due in July. Apparently she has a 10 year D-something visa to visit the US but must leave the US every 6 months (that will be April 26). They were married in Guatemala in May 2013, but not here in US, although attempting to have it recognized here. For health reasons she wants to stay past the 6 month Visa restriction with her husband and have the baby here, have marriage recognized here, and ultimately live here in US with husband and child.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The potential difficulty here is that the couple was married prior to her coming to the US and U.S.C.I.S. may think that she came to the US with the intention of never going back. On the other hand, good things in your friend's favor for arguing that she did not try to circumvent regular US immigration procedures of waiting overseas could be that she was not petitioned for permanent residence prior to coming to the country (if that is true) , an intervening event occurred that made her reluctant to go back home (the pregnancy), and if she had the 10 year visa previously and not just for this trip. (Kindly note that I assume that you mean that she has a B visa instead of a D visa. The latter type of visa is for crewman such as a flight attendant and such individuals are not eligible to adjust status in the U. S.) 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.
Answered on Jan 16th, 2015 at 1:03 PM

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