Legal Question in Immigration Law in New York

I have an F1 visa and I am in my last semester of college. I found out I am pregnant and I will be delivering my child in mid July. Doctors recommended not to fly home after graduation (in May) as it will be dangerous for me and the child. But at this point I won't be studying anymore. What happens if I stay in the U.S for 3 months after my graduation but I am not studying? I heard i could get an extension by filling form I-539? when should I apply for it and how certain is it that i will get it if i have medical proof I cannot travel?


Asked on 2/07/14, 2:29 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Applying for a change of status to B-2 could be denied, especially if USCIS thinks you are here to have an "anchor baby".

As an F-1, you have a 60 day grace period once your status terminates, due to graduation or OPT expiration.

The 3/10 year bar to inadmissibility does not trigger until you are out of status 180 days or more, and you depart the United States.

From an immigration law point of view, you should depart as soon as possible, and do not accrue 180 days of illegal presence. However, if the child's father is a U.S. citizen & you get married, then you can apply for a greencard.

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Answered on 2/10/14, 10:21 am


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