Is it possible to file for a visa extension so that I can deliver my baby in the US?

I came into the US one month ago with a B1/B2 visa on a business trip for my company. However I am 7 months gone in pregnancy though I have a 2 years visa, but my entry permit is for 3 months which coincide few days before my EDD. Is it possible to file for a visa extension to enable me to deliver here? I intend to return back to my country 1 month after delivery.

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Answered By: Fong & Associates

Call now: (713) 772-2300

If it is a medical reason for you not to travel, then you can file the extension. Wanting to have the child born in the US is not, by itself, a valid reason for the EOS.

Answer Applies to: Texas - Replied: 10/13/2011

Answered By: King & Ballow

Call now: (615) 726-5484

Yes, you can file for Extension of status for up to 6 months.

Answer Applies to: Tennessee - Replied: 10/12/2011

Answered By: Joseph Law Firm

Call now: (303) 297-9171

Possibly. If there are medical reasons that prevent your travel, you can obtain a doctor's letter to demonstrate that there is an emergent need to remain in the U.S. To deliver the baby. You can file the petition for extension of status with that evidence. Of course, the government will want to know if you disclosed the pregnancy on entry and if there were any questions asked about the pregnancy or any misrepresentations made. However, if there were no omissions or misrepresentations, you can certainly file for the extension. If you would like assistance with this process, please contact our office and ask for an appointment with one of our attorneys. W look forward to assisting you.

Answer Applies to: Colorado - Replied: 10/12/2011

Answered By: Bus & Nanthaveth, PLLC

Call now: (512) 371-9000

You can apply to extend your stay by submitting form I-539 to USCIS. I would also suggest that you include information about your pregnancy, and if possible a letter from your attending physician that includes any reasons why you wouldn't be able to travel home at this point in your pregnancy and why you must deliver in the U.S.

Answer Applies to: Texas - Replied: 10/12/2011

Answered By: Law Offices of Grinberg and Segal

Call now: (212) 202-8654

You can file for an extension of your visa, but it would whether it would be approved will depend upon the reason for the request, what documentation you have to support your need to remain in the United States, proof that you will return to your country, etc. It also depends upon what is indicated on your I-94. Typically, if a woman enters the country visibly pregnant, they will indicate no extensions or changes of status on the I-94. In general, USCIS will not approve a extension request if the purpose is so you can birth in the United States. Such a request is viewed as a way of circumventing the U.S. immigration laws.

Answer Applies to: New York - Replied: 10/12/2011

Answered By: Reza Athari & Associates, PLLC

Call now: (702) 727-7777

If there are any medical reasons, yes.

Answer Applies to: Nevada - Replied: 10/11/2011

Answered By: Christian Schmidt, Attorney at Law

Call now: (415) 834-0600

Yes, as long as you submit your extension request prior to the expiration of your status indicated on your I-94.

Answer Applies to: California - Replied: 10/11/2011

Answered By: Richard S. Kolomejec, Attorney at Law

Call now: (415) 433-7205

You can apply for a visa extension as long as you are still in status at the time of filing the paperwork. If the father of the child is a US citizen, you may have other options as well.

Answer Applies to: California - Replied: 10/11/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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