Legal Question in Immigration Law in Connecticut

Turist Visa

Hello. I wanted to know if someone comes in with a turist visa (still active) but gives birth to child in the U.S, can that person travel back to their country and return to the U.S with their child? Or is having a child going against any Turist Visa ''rules''? Can a person with a turist visa apply for citizenship (since there are children who are now citizens involved)?


Asked on 9/09/08, 2:09 pm

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: Turist Visa

The issue will be whether your authorized stay has expired or not. This will be the amount of time that was specified to you when you entered the country that you can stay in the USA. Your white I-94 card will contain that information and the date that you are supposed to leave. If you have not violated any terms of your stay, you could return as a tourist if you still have a valid tourist visa. Your child is a US Citizen by having been born in the USA, and, therefore, he can enter and exit the USA at any time, assuming there are no custody issues involved. However, just by virtue of having a US citizen child does not mean that automatically you will receive any citizenship benefits. You must qualify on your own right, meaning, that a close US Citizen relative (parents, spouse or children-when they become of age) could potentially petition for you to become a legal permanent resident, assuming you have not violated any regulations that would render you inadmissible. If you have any questions or would like to discuss further in private, feel free to contact me.

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Answered on 9/09/08, 4:08 pm


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