QUESTION
permit of 1 month aplied for extension b2 I am pregnant and to give cs exam but at airport CBP officer strongly asked abt pregnancy and I denied
Asked on Jul 01st, 2016 on Immigration - Texas
More details to this question:
At airport officer asked me repeatedly abt pregnancy I said not sure and I denied later came to know 5 1/2month pregnant now filed extension on previous reasons like spending holidays have to give exam along with mentioning about my pregnancy I 94 going to expire on 11 July filed extension 14 days before expiry what are the chances of getting approval or its better to leave before I 94 expires as I am now 6 1/2 month pregnant
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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I believe that your chances of obtaining an extension of your B-2 status are likely okay. You were admitted by the CBP officer instead of being turned away and so unless the officer marked your passport with remarks like no change of status ("no C/S") or no extension of status ("No EOS"), you would most likely be treated as a fresh adjudication by a U.S.C.I.S. officer.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 Jul 30th, 2016 at 6:46 PM
Your extension is not likely to be approved. As a general rule, USCIS does not extend B1/B2 status unless there is a very good reason. Extending your status simply because you are pregnant is not sufficient. You would need to establish that your pregnancy has complications requiring you not to travel. Giving birth in the U.S. Is not advisable unless you either have health insurance (not Medicaid) or the funds to pay for the birth. You risk being denied entry. Should you choose to depart in compliance with your I-94, you should withdraw the request to extend and provide USCIS with an updated mailing address.
Answered on Jul 01st, 2016 at 3:21 AM