Legal Question in Immigration Law in Connecticut

Sir,

I am currently on f-1 status opt in the united states and my opt will end in May 2011. I am also pregnant for my husband who is on f-1 status here in usa and my baby will be due by march 2011. will i be allowed to stay in the country after my opt expires because my baby is a u.s ctizen and my husband is still schooling? will I still be in status? Also, if I will be out of status, what can I do to remain in usa so my child grows up in usa and how can I get a permanent residency? I dont want to be illegal in this country. I already have a Masters degree in Electrical Engineering. Please help me


Asked on 9/17/10, 7:24 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If your husband is in a valid F1 status, aftre your graduation, you might be able to change status from F1 to F2. You will have to apply in a timely manner with the USCIS.

However, birth of a child in the USA doesn't give you or your husband any special rights to residency. A child has to be an adult in order to petition for his parents' residency.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/22/10, 7:47 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

A U.S. citizen child can sponsor a parent only when the child is 21 years of age. Informatioon about family sponsorship categories is here: www.h1b1.com/sponsor.htm

You can change to F2 status if at that time your husband continues to be a full-time student and you are a full-time student at time of filing as well. Perhaps if you find a suitable job offer an employment-based category such as H1B is possible with the support of the employer.

You can call our law firm at 212-268-3580 during business hours or email [email protected] for guidance.

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Answered on 9/23/10, 3:43 am


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