Legal Question in Immigration Law in Washington

l'm a British citizen l'm married to a U.S citizen.but my permanent residency is at risk of been denied due to lack of sponsors..before knowing that my permanent residency is at risk of been denied l had also just found out that l'm pregnant..NO l did not fall pregnant on purpose NO l did not fall pregnant to strengthen the chances of me been allowed to stay with my husband in the U.S. l'm not trying to use my unborn baby has an excuse or an easy way to get the USCIS to allow me to stay in the U.S...I'm aware that the decision is not up to me and is only up to the USCIS but due to the pregnancy there obviously been a change in circumstances, and l feel that the baby should be allowed to stay with both parents, but at the end of the day l'm not yet technically classed as a U.S. citizen..l'm a good citizen l entered the U.S on a k-1 visa,my permanent residency is at risk of been denied due to lack of sponsors,l just found out that l'm pregnant and l basically need to know what rights myself and my husband have and need to know the rights of our unborn baby


Asked on 9/09/10, 7:48 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Having a baby will not improve your chances to get permanent residency. Having a US born baby still doesn't excuse you not having sufficient income or not having a joint sponsor. Public charge is an independent requirement. Even more, when a baby is born, your household size will increase from 2 people (assuming it's just you and your husband) to 3 people. Therefore, for the Affidavit of Support you will require to show higher income (now, including the baby). Minimum income for a household size of 3 is US $22,887.

I suggest, you don't delay filing for your adjustment of status, especially while you are still a family of 2, instead of 3.

If you have filed already, you need to comply with the Public Charge requirements either by providing other assets, joint sponsors or your own income/assets.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 9/14/10, 8:28 am


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