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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29023
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My husband is on H1B and I am on H4. Can we go through

Customer Question

My husband is on H1B and I am on H4.
Can we go through surrogacy by an Indian and get the baby to USA as our child?
What are the steps for it briefly.
Are there any law restrictions?
Thanks, Srivani
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

It would depend on the law in India and whether they recognize a child through surrogacy as your legal child.

What have you done with regards ***** ***** a lawyer in India investigate how India views your relationship with the baby?


Expert:  Judith Ludwic replied 1 year ago.

If you have investigated the legal position of India as recognizing the child born to a contractually engaged surrogate as your lawful child then the US will recognize the child as your child.

The USCIS policy is designed to ensure that the child born abroad to a surrogate will be eligible for any family-based immigration benefit that the mother is able to provide such as a dependent non immigration visa.

Therefore, the child recognized as your legal child under the laws of India would be eligible for an H-4 as the lawful child of the union between you and your husband having been born to the contractually engaged surrogate.I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.