retzie

Did you have some kind of pre-term complication while holidaying here? Or did you plan to give birth here and things go awry?

Either way, there is no way to extend a VWP stay. I agree with Noorah101: if we are talking risk to life and limb for you and/or the baby, maybe you just have to take the hit and overstay. I imagine a medical emergency would be a decent enough reason when it comes time to apply for a visitor visa. (Though you can expect them to frown upon a calculated plan to give birth here.)

Jerseygirl

I wouldn’t consider that an emergency and I doubt USCIS will, unless the child or mother has a serious medical condition.

neill

If you have any kind of familial ties with the US, I would not dare risk overstaying the 90 days, it's simply not worth it. You will see from this forum that even "simple" B Visas are a complete PITA to get in comparison.

It's your call though of course

You can't "change" to a B Visa from the VWP. There are very very limited circumstances where you can change status.

Englishborn

retzie

That doesn't make a difference. You still entered on the VWP and are still bound by its rules. My advice stands.

Rete

Are you the mother or the father. I'm assuming the father. So if your "partner" which means you never bothered to get married is an American citizen, why didn't you marry and apply for the appropriate visa to live in the US.

Then be prepared when you overstay the 90 days under the VWP to never being able to enter the US under the VWP in the future. You will need to apply for a formal tourist visa and at the interview you will be denied as you have overstayed and because you are a high risk to enter the US and never leave due to being a parent of a USC.

So if your child is important to you, do the right thing to ensure that you can come and go under the VWP.

Rete

NO! that is not an emergency. That is parenthood and that is not an emergency. If the child or the child's mother were critically ill, then you might stand a chance. I'm assuming you are not married. You knew you were going to be a father for 9 months. Why didn't you do something about emigrating to be with you child?

SanDiegogirl

No, not really,,,,,, we were discussing your situation last October with regard your girlfriend being some 6 weeks pregnant and your options.

Looks like you and girlfriend decided to have the baby in the US - you've had some 8 months to think about what to do in the meantime...... no emergency here !

BritInParis

The smart move here would be to use your remaining time to marry, return to the UK and start the process to move permanently to the US to reunite with your family.

Breaching US immigration law before you’ve barely got started is not a smart move. I would take a step back and seriously consider the long term consequences for you, your partner and your child.

christmasoompa

If so, then as everybody else has said, abide by those regulations. Overstaying the VWP by even one hour means you can never use it again, and a B visa is tricky, so if your child is the most important thing to you then don't risk not being able to travel to see him/her. Leave in 18 days (not on day 89, just in case of flight delays), to ensure you can return in the future.

materialcontroller

You can't stay longer than the 90 days you've already been admitted for. You may not be aware that by entering on the VWP you forfeit a lot of rights you may otherwise have had as a visitor - the trade off being that, as long as you play by the rules, it is generally quicker and easier for you to visit than if you had to apply for a full blown visa.

Your US citizen child means nothing and is irrelevant in this case. If anything, having a child in the US might work against you in the future for US immigration purposes. You need to listen to the excellent advice you've been given here, consider your options and, above all, play by the rules at all times.

Best of luck.

christmasoompa

Just out of interest, I've been looking as I'd never heard of this before. It seems that if you have an emergency meaning you cannot leave the US at the end of the 90 days a 30 day extension is possible, link here - https://www.cbp.gov/sites/default/fi...ntract-kit.pdf

Of course, the OP's situation isn't an emergency (I'd assume by that they mean things like being hospitalised for something life threatening and unable to be repatriated etc), so wouldn't be relevant, but interestingly nonetheless. Odd how the Icelandic ash cloud didn't count as an emergency for all those people that ended up overstaying their VWP's, but I guess USCIS's argument would have been they could have left by train or car if needed.

Noorah101

No.

Rene

Noorah101

But you don't have a visa.

Rene

civilservant

There's an argument to made that you could marry and adjust, since it appears your intention was never to stay, but in this instance you would be landlocked for a good amount of time.

I don't see any other way that you could remain in the US beyond the 90 day validity. You could return to the UK and then get on another flight to US in a couple days and try again, but that's likely to get you bounced, especially if you tell them what you told us.