Immigration Issues/F1 Visa

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Question
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Followup To
Question -
I am planning to come to the US on a F1 student visa. Obviously this will involve a lot of time and money and my husband would like to know what would happen if I were to become pregnant. Would the immigration service revoke my visa, or would they make me leave the country to have the baby?

Thank you in advance for your help.
Answer -
Hi Melinda,

Your visa will neither be revoked nor will you have to leave the U.S.

Although F-1 status requires an intention not to immigrate to the U.S., having a child born in the U.S. will not be a problem as long as you remain a full-time student. Also, since your child cannot sponsor you as a parent until the child is 21 years of age, there is no problem with having an intent to immigrate to the U.S.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com


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Hi Ajay

Thanks for your concise answer I appreciate it.

You mentioned about sponsorship when the child reaches 21, I assume therefore that they would be a US citizen at birth.  Obviously we would not be able to stay once F1 status had finished.  Does this mean the child would be able to return to the US as a citizen when he/she reaches adulthood?  (obviously he/she couldn't stay before as the parents would not have the right to stay unless I assume under termporary H1B status).

Regards.

Melinda

Answer
Hi Melinda,

Your child would automatically be a U.S. citizen at birth. With a U.S. passport, he can enter the U.S. anytime at any age. If you want to enter with him, you would need an independent visa such as H-1B (or F-1 if you continue to maintain your F-1 status).

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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