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  1. #1
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Will U.S. Immigration Deny Entry to Somebody Who is Pregnant

    Hi,

    I would like to know the answer to this question:

    A friend of mine is currently permanent resident and he is planning to go get married oversea. Once married, he will return in the States to fill-out some paper work (1-130) for his wife to join him. The question here is that: If the wife becomes pregnant before she comes in the United states, will the pregnancy make INS to delay the process?

    Will they (INS) refuse her to travel because of pregnancy?

    Any legal advise you can provide will be appreciated.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will U.S. Immigration Deny Entry to Somebody Who is Pregnant

    Since the husband is only a permanent resident, the wife will have to wait for a visa to become available - 5 to 6 years at this time. During that waiting period, the wife is unlikely to be admitted to the US due to presumed immigrant intent by virtue of the marriage.

    If he becomes a citizen, he can upgrade the petition and the wait is reduced to less than a year.

    There is no way for her to accompany or join him in the US immediately following the marriage based on his holding only a green card.

    Once she has received a green card permitting her entry into the US, she will not be denied due to pregnancy.

  3. #3
    Join Date
    Apr 2006
    Location
    IL
    Posts
    35

    Default Re: Will U.S. Immigration Deny Entry to Somebody Who is Pregnant

    Thanks for your response. Please allow me to ask additional questions:

    What if the wife get baby while waiting for a visa to be available, will this make process more complicated? Or is it easier to file for the new baby so that she can bring with her in the States? One more question, what if a wife asks for visitor's visa and decide to change visa so that she can stay upon her arrival in the state? What could happen?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Will U.S. Immigration Deny Entry to Somebody Who is Pregnant

    What if the wife get baby while waiting for a visa to be available, will this make process more complicated? Or is it easier to file for the new baby so that she can bring with her in the States?
    She can have the baby added to her petition.
    One more question, what if a wife asks for visitor's visa and decide to change visa so that she can stay upon her arrival in the state?
    She cannot adjust her status unless her husband is a citizen.

    What could happen?
    She'll be deported. It's in her best interests to go back home before her visitor's visa expires.

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will U.S. Immigration Deny Entry to Somebody Who is Pregnant

    It will be unlikely that she would receive a visit visa as the spouse of a green card holder - even more so if he has filed any immigration papers for her - since a visitor cannot have immigrant intent.

    If she happened to enter, she could receive a NO AOS notation which would prevent what is proposed.

    The father should file for the baby as well as his spouse so they can come together.

    Deportation makes it far more difficult to reenter once a visa becomes available for her.

    Simply put, she should have no expectation of entering the US at this time either before or after the birth of the baby.

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