Legal Question in Immigration Law in New York

Permanent resident in US and visiting wife

I got my greencard in Sep 2004 and recently married to a girl in my home country. She will come a visit to US before she gets the immigrant visa. If she will gives birth during her visit what will be the status of the baby here? Can she continue staying here together with the baby even when her visitor visa expires? What is the legal way if she wants to do so?


Asked on 7/14/07, 1:33 pm

1 Answer from Attorneys
Keshab Raj Seadie Law Office of Keshab Raj Seadie, P.C.

Re: Permanent resident in US and visiting wife

Hi there:

Well, your would be child will be an automatic US citizen if s/he is born in the United States. Wife; however, will not receive any immigration status by giving birth until the child truns 21. If she enters into the US on visitor visa, she will have to go back unless the situation changes after her arrival and she decides do change her status from B-2 to some other category such as E-2/L-1 or H-1B, then she can remain here so long as she remains in authorized stay. Once you become a US citizen, you can file for her right away. If you have already filed I-130 based on your green card, then she will have to wait until the priority date becomes current.

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Answered on 7/14/07, 1:58 pm


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