Vladimir

Hi everyone,

I have a few questions related to legal rights of parents of a child, born in the US
by foreign citizens. This matter has been discussed a lot here. However, searching
this newsgroup archives, I did not find the answer on my specific questions.

I am a permanent resident with 2 more years to citizenship. My girlfriend, who is
outside the US now, wants to enter on the B1/B2 or, more likely, F1 visa. I cannot
marry her now because of this long waiting lists-so we decided to wait until I will
get my citizenship.

It is supposed that we will live together and have a baby (we don't want to wait with
the baby until citizenship). She wants to be in status in order to be able to leave
the US and then come back.

She does not want to work before or during pregnancy and after, so my question is not
"could I get a greencard if I will give birth in the US". Rather, it's what could
change in our status after this.

I suppose that I could claim myself as a father even if we are not married. Is this
right? Then, how the birth of a baby from a nonimmigrant alien could influence my
legal status, specifically the possibility to become a US citizen ( I suppose it
can't but I am not sure)? Also, could I claim a baby as my dependent on the US tax
return and if yes, would I qualify as a "Head of a household" rather than "Single"?

The other issue is how it could influence the legal status of my girlfriend. Could
she been denied of F-1 /B visa here in the US? I know that many colleges gives some
sort of "leave of absence" after a child is born. Will she qualify? If she will go
back home and would like to get a new I-20 to re-enter US as a F-1 student, could she
be denied it based on the ground that she has a child?? What is the law and what is
the real situation? Could she re-enter on a B1/B2 with a child?

Is it also any kind of legal possibility for her, after giving birth, abandon the
college and just stay in the US taking care of a child? Remember, she does not want
to work. Could she claim that she is taking care of the US citizen and based on this
she could not be deported? Or any other way??

Finally, could she (with the baby) get out of status and wait until I will became a
citizen and marry her? Or, in this case, I would be considered as a person assisting
illegal alien and my citizenship application could be denied?

Thanks for the input(s),

Vladimir

Shelley

Well I'm no expert but.. A child born in the US is a US citizen. It will have no
effect at all on your status or hers. Having a US citizen child will not allow your
girlfriend/wife to remain in the US to take care of the child either. Judging from
other posts here, it may be very difficult for your girlfriend to get a visitors
visa. She may be eligible for a student visa, but whether or not she can take time
off and remain in status I don't know. Your best bet is to wait until you are a
citizen, then petition for her to come to the US. Then she will have status in the
US, and not have to work. Take Care. Shelley

"Vladimir" <[email protected]> wrote in message
news:[email protected]...
    > Hi everyone,
    >
    > I have a few questions related to legal rights of parents of a child, born in the
    > US by foreign citizens. This matter has been discussed a lot here. However,
    > searching this newsgroup archives, I did not find the answer on my specific
    > questions.
    >
    > I am a permanent resident with 2 more years to citizenship. My girlfriend, who is
    > outside the US now, wants to enter on the B1/B2 or, more likely, F1 visa. I cannot
    > marry her now because of this long waiting lists-so we decided to wait until I will
    > get my citizenship.
    >
    > It is supposed that we will live together and have a baby (we don't want to wait
    > with the baby until citizenship). She wants to be in status in order to be able to
    > leave the US and then come back.
    >
    > She does not want to work before or during pregnancy and after, so my question is
    > not "could I get a greencard if I will give birth in the US". Rather, it's what
    > could change in our status after this.
    >
    > I suppose that I could claim myself as a father even if we are not married. Is this
    > right? Then, how the birth of a baby from a nonimmigrant alien could influence my
    > legal status, specifically the possibility to become a US citizen ( I suppose it
    > can't but I am not sure)? Also, could I claim a baby as my dependent on the US tax
    > return and if yes, would I qualify as a "Head of a household" rather than "Single"?
    >
    > The other issue is how it could influence the legal status of my girlfriend. Could
    > she been denied of F-1 /B visa here in the US? I know that many colleges gives some
    > sort of "leave of absence" after a child is born. Will she qualify? If she will go
    > back home and would like to get a new I-20 to re-enter US as a F-1 student, could
    > she be denied it based on the ground that she has a child?? What is the law and
    > what is the real situation? Could she re-enter on a B1/B2 with a child?
    >
    > Is it also any kind of legal possibility for her, after giving birth, abandon the
    > college and just stay in the US taking care of a child? Remember, she does not want
    > to work. Could she claim that she is taking care of the US citizen and based on
    > this she could not be deported? Or any other way??
    >
    > Finally, could she (with the baby) get out of status and wait until I will became a
    > citizen and marry her? Or, in this case, I would be considered as a person
    > assisting illegal alien and my citizenship application could be denied?
    >
    >
    > Thanks for the input(s),
    >
    > Vladimir