Legal Question in Immigration Law in New York

student wanting to extent stay

have a newborn baby but visa is valid only for 4 months can i extent my visa for the welfare of the child? what r the legal ways i need to proceed? your answer would be of great help and would really appreciate.

thank u


Asked on 6/23/09, 12:03 am

3 Answers from Attorneys

Tsui Yee Yee & Durkin, LLP

Re: student wanting to extent stay

You do not state what kind of visa you currently hold. If you are on a student F-1 visa then you cannot extend it if the purpose is solely to care for your child. However you may be able to file for a change of status requesting a short period of time to obtain proper care for your child.

If you would like further assistance in extending your stay in the U.S. please contact our office to schedule a telephone or in-person consultation.

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Answered on 6/23/09, 11:13 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: student wanting to extent stay

it depends on may circumstances, but there is a possibility to extend your stay for may be 6 months.

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Answered on 6/23/09, 11:38 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: student wanting to extent stay

I would need more information regarding your particular case before I can comment on it properly.

I am not sure what you are trying to ask. You say you have a newborn baby, but you did not say if you brought the child here to the US or you gave birth to the child here in the US.

As for your visa running out, are you still going to your classes? If you entered the country as a student and got a student visa the immigration service will still expect you to be attending your classes because your entry into the country is based on your visa status.

In order for you to extend your visa it will have to be based on that and not on the fact that you have a newborn.

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Answered on 6/23/09, 5:15 pm


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