Legal Question in Immigration Law in New York

Pregnancy & Immigration Status

My partner and I are living together in NYC; I am an American, and she is a Japanese. It was originally our intention to return to Japan this autumn, but she has become pregnant, so we have decided that it would be best to remain in the US until after the birth of the baby. The problem is that we never intended to stay in the US, so she is here as a tourist.

Is there a legal way for her to remain here aside from marriage? It is our intention to marry, but we wish to do so properly, not in haste because of the current situation.


Asked on 10/07/04, 5:06 pm

1 Answer from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Pregnancy & Immigration Status

Your wife must make sure that she does not overstay her Tourist status in the U.S. You can apply for an extension of stay if she requires additional time to remain in the U.S. following the birth of the child. However, she cannot remain indefinitely in the U.S. just because her child was born here and is a U.S. Citizen. This is especially the case since you stated that you wish to live in Japan, and possibly have her return to the U.S. with you.

There may be other options available to each of you. Please contact the Firm at (212) 618-1830 for a more in depth evaluation of your situation.

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Answered on 10/08/04, 10:04 am


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