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Should I go hone or wait until my baby born?

Hyattsville, MD |

Am a visitor in the usa and I just found out am pregnant for my citizen boyfriend, am supposed to go gome next month but am planning to have my baby her, who is due in October. My visa is 10 years and wont expire now. What should I do? Am planning to go in December after my baby comes and am ready to travel. Will it be any problem when am bringing back my baby to his/ her country as they're now to stay out of usa for more than a year?

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Best Answer

I agree with Pogue. You need to be careful about leaving the US now that you are going to have a US citizen child. Basically, a temporary visa can be compromised by anything that suggests you have immigrant intent. If you seek to reenter later once you have the child this could be seen as a reason to deny you entry on the temporary visa.

I suggest that you and your boyfriend seriously think about how to proceed and where you intend to raise the child. You should consult with an attorney who can review all the facts and help you determine the best option. If you are intending for your child to be raised here it may make the most sense to find out how to extend your stay legally so that you can have the baby here.

Whatever you do, do not leave without having an in-depth consultation with an immigration attorney.


Extend your status and give your baby a US citizenship.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

Christopher Michael Pogue

Christopher Michael Pogue


The child will have US citizenship as the biological father is a US citizen. Extending status so that the child will be born here does not change anything regarding the citizenship status of the child.

Alena Shautsova

Alena Shautsova


I would not rely on father's cooperation if she needs to leave the country...


Be very careful. I think you do not understand the limits of 10 year visitor visa. Each entry is normally only valid for up to 6 months. Every time you enter the US you can be denied entry if the CBP officer believes that you have strong ties to the US an may have immigrant intent. A US citizen child is a very strong tie to the US that could be used to deny you entry even though you have a previously approved visitor visa.

You need to review your entire circumstances and better define your goals about where you want to live and raise your child as soon as possible.

Again, it is not the child that will have an issue if they are born in the US or are the child of a US citizen. The issue is for you and your ability to travel to the US.

(513) 549-4420 - Attorney Christopher M. Pogue, Esq., I cannot provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us.


Good question. Congratulation. Not an immigration issue though. I will try to make into one for you. If you are asking whether your child will be a USC if born abroad depends on whether your bf moves promptly to register his birth at the embassy. If your quesiton is whether you will be allowed to come back to give birth - it is hard to say. Probably yes, if you have no immigration violation and a long term visa. It is always discretionary with the BP/ICE to admit you into the country or not.


I agree with my colleagues. Decide where you plan to live. If you are not going to live in the USA, try not to overstay and leave the USA within the allowed stay period (Form I-94 expiration date). A long overstay can have serious consequences down the road. Do apply for an extension if you are planning to stay. Definitely consult with a competent and experience immigration attorney for guidance in this matter.

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.

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