My best friend came over to visit us. Had her baby here at 24 weeks. She is here on a esta (I think is what is was called) she said it stats she can only stay for 3 months she has had already been with us for 2 and a half months. How long is she allowed to stay in the US before she has to go home and what will happen to the baby if he can not travel as well?
1 Answer from Attorneys
If she came over using the visa waiver program her options for extending her stay past 90 days are VERY limited. If she has medical documentation of a reason she and the baby cannot travel, she may be able to get a special extension, but that would be very rare and is typically limited for extreme situations. Typically most new/young babies are able to travel, and the baby will need a passport and she should plan to leave at or before the 90 day mark.
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