Skip to main content

B1 Visa Holder giving birth in the US... Legal issues that could arise?

Bronx, NY |

I want to bring my wife to give birth to my son in the US under her B1 visa. I am a LPR but we got married less than a year ago and I haven't petitioned her yet. I was wondering what issues could arise if she gives birth here? Will they hold a grudge against her? Also, if she can't pay for the bills will I be held responsible for them? (I think I will be but just double checking).

I know it's dumb but I want my child to have all the opportunities... I don't know if he can be president of the US one day... if he's born and naturalized at a later time he won't be able to pursue that. Like I said, I don't know the future, chances are he will be one more person in the world, but I just don't wanna regret anything in the future. Hope you don't think bad of me for considering this possibility.

+ Read More

Attorney answers 3

Best Answer

There's no legal impediment to your wife giving birth here in the US under the circumstances you've described above. You should be prepared to pay the medical expenses of your wife and newborn, although legally you may not have to. Also, you should have a confidential consultation with your local attorney so you can work together to develop a plan for your wife's future adjustment. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


Consult with an immigration attorney. I have tagged the topic up top.


I agree with Attorney Brown.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.