Legal Question in Immigration Law in California

I went to the United States with my boyfriend on a tourist visa.We are both Filipino citizens.During our stay in the U.S. last 2008, I found out I was pregnant and gave birth in New York.I requested from Immigration an extension of my stay and I got an approval. We also got married in New York so that the child can carry his father's name.We are back in the Philippines and I am planning to renew my tourist visa as I want to bring my 3 year old son back to America for medical reasons. I found out my child had autism so I wanted to know if he could get some medical assistance from the U.S.government.I cant afford his special schooling and therapies.I am still using my maiden name.If I apply will I tell the U.S.Consul that married or single?


Asked on 5/20/11, 9:26 pm

2 Answers from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

You cannot lie about being married. That is fraud. You cannot come to the U.S. for the sole purpose of getting money for your child. You could get a medical B2 to see if your child can get help.

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Answered on 5/22/11, 2:20 pm
Seeta Nangia Law Offices of Seeta Nangia

You must be truthful when applying for any immigration benefits. I agree that you may not enter for the sole purposes of getting medical treatment on a visitor visa, but you may do so through other avenues.

Please feel free to contact me to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 5/23/11, 11:57 am


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