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I have been here since January 2006 so 1 year untill now. I am a LEGAL alien and have my F1 VISA meaning my student VISA. Now I am pregnant the dad is American and now I was wondering, if I get my baby here is that going to change my VISA??? Can i apply for a work VISA or can I get some VISA that is not tied to studying. Or could I get a green card because my baby is going to be an American citizen??? Marrying the father of my baby is not an option here. And I did not plan this pregnancy. If you could help me it would be really appreciated... Like I said I am LEGAL OK!!!

2007-01-04 15:59:01 · 11 answers · asked by Princess 4 in Politics & Government Immigration

The father is in the picture and I am NOT having an abortion If you wouldn't don't suggest me to get one. And I am happy here and I really want to stay here. And I am Dutch not hispanic or something else...And going home is not a solution because i forgot to mention if I go home the dad will sue me because it is his baby... So I cant leave the country...

2007-01-04 16:05:48 · update #1

Listen margie if you are going to be a ***** then please say nothing I have a lot of things going on so I don't need your attitude and guess what MY BABY DADDY IS MEXICAN born here so obvio that I love my latinos and guess what not all dutch citizens are from Holland, because I am from ARUBA... Instead saying im a racist you should start to learn your laws and Citizenships better THANK YOU!!!

2007-01-04 16:27:02 · update #2

My visa will expire in 2010 that is not the reason i want to change visa i want to be able to provide for my child... =)

2007-01-04 16:42:33 · update #3

11 answers

You are in status as long as you are enrolled full-time in your school (terms of your F-1 visa). Having a child has no effect on your visa. If you want to change your visa category, you have to have a basis and your child can't be used for that. Talk to your school's international student officer about getting work authorization on your F-1. It is available for most students for on-campus work and on a case-by-case basis for students facing extreme financial hardship for off-campus work (up to 20 hrs/wk). You can also look for an alternate visa like an H-1B work visa, if you have the requisite education and can find a sponsor.

As for the child, you should consider talking to a family law attorney. As the child of an American citizen, your child will be an American whether you have it in the US or abroad (the paperwork is more complicated if you have it abroad). Also, the father is obligated under US law to provide financial support for his child. This may mean you can afford to continue your studies. Finally, having the father admit parentage or be listed as the parent in court can assist with the legitimation requirements for a child born out of wedlock in the INA.

2007-01-05 02:37:07 · answer #1 · answered by Eddie S 3 · 2 0

Hi,

I currently have a temporary green card but I had a F-1 visa before.

I'm afraid to tell you that being pregnant can't change your status if you want to remain as a F-1 student. Your child can gain a chance to have an US citizenship, but unfortunately you are not able to get a citizenship or green card immediately after having the baby. I think I've read that usually it will take about 21 years for the mother of a kid having a US citizenship to get a green card if I remember it correctly.

Anyway, if you can't marry or don't want to marry the guy of your child, you have no choice to remain as a F-1 student. All I can say is that you should go to the International Office or OISS and talk to an adviser about your situation. And also you need to talk to your parents who can support you. I don't know what your plan is. But being pregnant or having a baby in the US can't give you a chance to change your status.

You know some pregnant women who come to the US just for sightseeing can have a baby in the US. But because they give a birth to a baby in the states, that doesn't give a green card automatically to them.

I know how horrible this news is but this is the truth.

So sorry :(

2007-01-06 00:16:09 · answer #2 · answered by kb 4 · 0 0

First off just because you got pregnant doesn't mean you have the automatic right to any kind of change of status in the U.S.
Secondly, the baby's father has no control over you going back to your own country, even in court, you are not a citizen and have limited time here.
Now what do you want to change your visa to? You can apply for permanent residency if you want. Even if you have your baby here, it will only mean your baby is American, that alones does not entitle you to live here.
I would apply for permanent residency here if I were you.
Your visa by be good until 2010 but what about your I20? You have to keep up with school here, you can't just quit and stay here under a status you are not using.

2007-01-05 07:13:52 · answer #3 · answered by LC 5 · 0 0

mmmm well that would be a hard one , i wonder what would happen if your visa was about to expire and u decided to stay so your baby be a citizen of the USA . well all i can say is congratulations and that u should have the baby in the USA .

about your status i do not see it changing right now , your baby would be able to get u citizenship once he or she is 18 . i also agree with the others about better going to see an immigration lawyer , hopefully this situation may help u stay and provide a better life for your girl or boy . i had heard about many mothers who had been allowed to stay in the USA with out having any documentation so hopefully the fact that u came into the USA legally may help u stay and acquirer your permit to work here but then again unless there is a lawyer around answers I'm sure u will need to go see one . again good luck to u .

i also want to add than i don't see why would anyone have any problem with u having your baby here since as u said u came legally and your visa will expire until 2010 so unless they are anti-immigrants and not anti-illegals like they claim nobody but u has any saying in what will your baby citizenship be . i find your attitude very positive about wanting to get a job so hopefully u may be able to get your permit . it is important that your child receives the best education in the world and its obvius u know where to get it since you came to the US with that purposse . i am sure than u will be succesful whatever u choose to do and than the best thing for America is to make sure than your future American kid gets all the privileges of being an American including an education and every other right .

2007-01-05 00:40:46 · answer #4 · answered by game over loves evanescence 6 · 2 3

I'd see an Immigration Lawyer. Most will give you a free half hour consultation. When you see him, I'd suggest you bring up the father's threat to sue. If you are required by law to leave the country, or leave the country to comply with the law, my guess is the father would have no chance of winning.

2007-01-05 00:11:26 · answer #5 · answered by Anonymous · 3 1

i am currently going throu an immgration process myself so no how scary the thing is and i am not even in america at the moment i would call immgration there not going to deport you the next day if u ask what u need to do also ur baby isn't an american citzen unless born in the united states i use a site called visa jorney it may be some help to you as well

2007-01-05 00:45:10 · answer #6 · answered by rendle 1 · 0 2

maybe you need take the time to read up on United States of America Immigration Laws?
having a child in United States isn't going change your Immigration VISA.
you have to wait 21years from now that went the child can petition for green card for you!!!

2007-01-05 00:10:19 · answer #7 · answered by Anonymous · 1 1

Contact ur country embassy for advice...and go ahead with ur pregnancy if u had further questions hire urself an immigration lawyer which will deal with ur baby's custody and resolve u and ur baby's temporary status here...continue studying...u can also contact a church women's organization sometimes they help...ask school counselors they might know.

2007-01-05 00:14:17 · answer #8 · answered by angie angelbody 2 · 2 1

Don't you want to go home and have your baby with family who loves you around--since the father obviously doesn't?
You are only Legal as long as you are a student.
Have you considered an abortion?
If not, again, have you considered going home?

I would, and have had an abortion.
What's the difference whether you are Dutch or Hispanic or anything else? Drop your baby in your homeland if you want to keep it.
Also, if the father doesn't want to be with you, he really doesn't have a say about what you do. Particularly if you go back to Holland to have your baby.
Good-Luck!

Yes, please call the immigration dept.

And I can't wait to see what Hispanics say about your racial slur.

OK, my dear, please return to Aruba. With that attitude, I don't think you are an asset to my country.

Good-Bye.

2007-01-05 00:03:01 · answer #9 · answered by Anonymous · 2 4

Single parents are bad for America and your child. You should have been more careful.

2007-01-05 00:27:09 · answer #10 · answered by a bush family member 7 · 1 3

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