Legal Question in Immigration Law in New York
My name is Kristin and I gave birth in US couple months ago to beautiful girl. I used Medicaid and was on B2 multi entry visa with extension of stay. I left US before my I-94 expired and my child is US citizen. I'm planning to visit US in one year again with my multi entry visa but I'm worried that officer at the port of entry can prohibit me entry in US based on my previous medicaid insurance and extension of stay. What do you think and how can I avoid those problems in the future?
2 Answers from Attorneys
Yes, that is correct. You may be denied admission to the USA when you attempt to enter the next time.
You shall discuss your situation with a qualified attorney off of the public forum.
I would need more information regarding your particular case before I can comment on it properly.
However, I can say that your extension of s stay while you are in the US will not be an issue depending on the reasons you gave immigration when you requested your extension.
What will be an issue is if you originally entered the US pregnant and did not tell the immigration service at your port of entry of your condition. It may also be an issue if you got pregnant while you were in the US and and lied on the Medicaid application.
A B2 visa is a non immigrant visa which means that immigration will want to know whether you were working while you were in the US and how did you survive while you were in the the US (who paid for your rent, food, and medical bills during your pregnancy?).
When you took the child out of the country did you get a US passport for the child to travel, or did you add the child to your own passport? These are important matters.
Patricia Martin-Gibbons
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