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Ely
Ely, Counselor at Law
Category: Immigration Law
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Experience:  Private practice in several areas, including immigration
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Is it an offence for a woman to deliver a baby in the US even

Resolved Question:

Is it an offence for a woman to deliver a baby in the US even if she has evidence of appointment with a hospital and has paid her medical bills.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no. It is not illegal for a foreign alien to deliver her child in the USA - this is not a federal or state criminal act, at all.

However, when the child is born - if it is born in USA - it automatically receives US citizenship. Because USCIS/ICE/CBP authorities fear that the mother may attempt to overstay her visa on the basis of the child, they are known to deny entry to women who are in advanced stages of pregnancy, unfortunately.

While this is unfair, unfortunately, the US government does in the end have the right to decide who enters the USA on a visa.

Ergo, to avoid such situations, the mother should be fully prepared to illustrate that she is fully willing and able to leave the USA once her visa is up. This may be shown by a pre-paid ticket out, affidavits from family and friends, ties to the home country such as family and a job, etc.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)

Customer: replied 11 months ago.

Thanks for your response. If the lady furnishes evidence of appointment with a medical doctor in the US and evidence of payment of medical bills, will this strict regulation still affect her.

Expert:  Ely replied 11 months ago.
You are very welcome.

If the lady furnishes evidence of appointment with a medical doctor in the US and evidence of payment of medical bills, will this strict regulation still affect her.

Yes, it still would, I am afraid. However, if she can show that she fully intends to go back to her home country after giving birth, then the visa may be granted.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 86599
Experience: Private practice in several areas, including immigration
Ely and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

A friend's passport was stamped twice by immigration officers in the US at the point of entry with the entry stamp albeit the second stamp must be have been an error. Hope this wont affect him subsequently.

Expert:  Ely replied 11 months ago.
That should not be an issue at all. What matters is what is in the computer record. An error leading to a double stamp is common, and the computer record is what controls.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 86599
Experience: Private practice in several areas, including immigration
Ely and other Immigration Law Specialists are ready to help you

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