Legal Question in Immigration Law in New York

Re: visa and a baby

This is not an unsusual question. I have seen it before.

Getting pregnant in America will not appreciably help your status, but having the child born in America would be helpful.

Helpful is not the same as creating a right or category, or otherwise changing your legal status. But it is helpful if there are some other factors that would change your status.

Some of these factors would be related to the father. Are you married to a US citizen? it would also make it easier to have a 'very quick' marriage not be challenged by the INS. But actual marriage is not required. Only that the father has legal status as a citizen or permanent resident.

The rule is: if the child is born in America and the father has status as a citizen or permanent resident then I can help you stay in America.

Re: visa and a baby

No, unless you qualify for U.S. citizenship on other grounds, becoming pregnant or giving birth in the U.S. will not get you the U.S. citizenship or any U.S. immigration benefits. Your child, should he or she be born in the U.S., would normally be a U.S. citizen, but would not be able to sponsor you for an immigrant visa until he or she becomes an adult. However, if you are married to a U.S. citizen or lawful permanent resident, it's a different story.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such. No attorney-client relationship is established through posting this message.