Immigration Issues/Having a baby

Advertisement


Question
My wife just came into the state and at the point of entry they gave her a ticket saying she should just spend only few days.However she is due to have a baby by the 19th of april and that is why she is here.What can we do.Can I extend her visa or Ishould let her go back?

Answer
Hello:

Your wife can apply for an extension of stay in the U.S. The extension may be granted or not granted depending upon the reason for the extension, and whether USCIS is convinced that the applicant does intend to return to his/her home country after the temporary stay in the U.S. The duration for which the person can stay depends upon the expiration date of the I-94, and NOT on the expiration date of the visa stamp. The date on the visa stamp is irrelevant. As long as you apply for the extension before the expiration date of the I-94, your wife would be in legal status (up to 240 days) and you will not have stayed in the U.S. unlawfully.

Your wife should be apply for an extension about 4 to 6 weeks before the I-94 expires.

Sincerely,

Annick Koloko, Esq.
www.kolokolaw.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

©2016 About.com. All rights reserved.