b2 visa holder with US citizen child

[Gadogado 0]

Your friend has already committed fraud once, tell her to quit while she's ahead.

To be honest i dont know which part did she committed for fraud? Everything happened has a reason and all her story is really make sense to me

[Gadogado 0]

Its pretty obvious that she is planning on staying in the USA permenantly and trying to find the easiest way to not have any problems at the POE.

Travelling on a B2 with the intent to stay in the USA is illegal.

Nope i dont think so!! If she really want to stay here illegaly then why dont she just stay since 2008 and never back to her home country

[JFH 12,192]

thats right, when she came here 4 yrs ago (with b2) she was thinking to get married with her (now ex) bf and be settledown here in US.

That right there is the fraud. It is illegal to use a B2 to settle. If she wants to make a go of it with the baby's father - and for the sake of the child I would recommend that - then she can visit a few times and get the relationship off the ground and he can visit her and the baby and when the time is right follow the K-1 fiancé or CR-1 spouse procedure like everyone else does. What makes her think she has a right to bypass immigration? Just because she made a baby with an American? That doesn't alter the rules.

it's quite clear she's desperate to leave Poland and have herself a slice of the American Dream. She has already tried to go about it the wrong way once. She needs to focus on doing things the right way. Until the child is old enough to travel alone to see his father, he is relying on his mother following the immigration laws to the letter so that there are no problems with him getting to see his father. Why would she risk that? She should put her child's relationship with his father over her selfish desire to live in the USA at all costs.

[Gadogado 0]

One of my friends came to the US while pregnant and had her baby. She moved back to my country with the child (the child's father is also from my country so the only American was the baby). When she applied to renew her visa, she was denied and told she should not bother to apply again. The child is free to travel to the US but her mother cannot. Take note!

Thats right. But how can 3 yrs old baby travel by himself to the US to see his father? Plus my friend's visa is still not expires. My big question is will the CBP let her re-enter this country at POE regardless using her current b2 visa or apply for student visa?

[Gadogado 0]

That right there is the fraud. It is illegal to use a B2 to settle. If she wants to make a go of it with the baby's father - and for the sake of the child I would recommend that - then she can visit a few times and get the relationship off the ground and he can visit her and the baby and when the time is right follow the K-1 fiancé or CR-1 spouse procedure like everyone else does. What makes her think she has a right to bypass immigration? Just because she made a baby with an American? That doesn't alter the rules.

it's quite clear she's desperate to leave Poland and have herself a slice of the American Dream. She has already tried to go about it the wrong way once. She needs to focus on doing things the right way. Until the child is old enough to travel alone to see his father, he is relying on his mother following the immigration laws to the letter so that there are no problems with him getting to see his father. Why would she risk that? She should put her child's relationship with his father over her selfish desire to live in the USA at all costs.

Ok so you think she cant re-enter to this country right? Im just trying to help her with the best solutions because i dont really understand about the immigration things. So all i need is just yes she can or no she can't re-enter the US with any kind of visa!! I really appreciate for everyones comment

[arken 4,198]

Ok so you think she cant re-enter to this country right? Im just trying to help her with the best solutions because i dont really understand about the immigration things. So all i need is just yes she can or no she can't re-enter the US with any kind of visa!! I really appreciate for everyones comment

It's not like she cannot enter US on any visa. Even if she is trying to travel to US with no immigrant intent, she should expect a lot of questioning and possibly a denial at POE if she travels under B2 visa or at the embassy if she applies for a F1 visa. The officers would easily see an immigration intent. Doesn't hurt to give it a try but she shouldn't be surprised if denied.

[Gadogado 0]

It's not like she cannot enter US on any visa. Even if she is trying to travel to US with no immigrant intent, she should expect a lot of questioning and possibly a denial at POE if she travels under B2 visa or at the embassy if she applies for a F1 visa. The officers would easily see an immigration intent. Doesn't hurt to give it a try but she shouldn't be surprised if denied.

So that means she have to return right away to her country if she got denied at PoE right? What about the US citizen baby? And do you think is a best idea if ask the CBP officer at the airport concerning my friend's case?

[Cheezees 1,514]

Thats right. But how can 3 yrs old baby travel by himself to the US to see his father? The father simply travels to get the child. Plus my friend's visa is still not expires. Having an unexpired visa is not the issue. The issue is coming to the US to have a baby. My big question is will the CBP let her re-enter this country at POE regardless using her current b2 visa or apply for student visa? She could be denied both ways.

[arken 4,198]

So that means she have to return right away to her country if she got denied at PoE right? What about the US citizen baby? And do you think is a best idea if ask the CBP officer at the airport concerning my friend's case?

Yes, if denied they would likely have her return back on the next flight. She would likely take her baby back with her since i don't think they will provide a service to deliver the baby to the dad even if he is in the airport waiting for you two.

If you are considering asking CBP officer about your friend's case, you won't get a definite answer. While one CBP officer might deny her, the other might allow her enter the US. It all depends on the CBP officer and the circumstances presented at the moment.

[Rc123rc 528]

I guess the simple answer is. Yes, she can try to go to the U.S on unexpired B2 Visa with child. POE can refuse and she would go back immediately. If fail on B2 visa then can she try for the F1 visa. Again, possibility of denial. Please bear in mind if the people on here are seeing signs of immigration intent then you can be sure immigration will think same thing. B2 or F1 are both non immigration visas and if any suspicion of immigration intent then both will be denied. You're friend is going to need a backup plan.

[Bzegurl 41]

No one here can really tell you whether or not your friend will be able to enter the US on either visa. All we can tell you is to try. I know a friend who had US citizen baby with a US citizen fiance and travelled every year with her baby to see it's dad. They gave her no trouble simply asked where the dad was. I believe because the baby's dad was a US citizen she was able to proceed. Just tell her to try.

Now for studying she will need a student visa because as said by other members B2us for tourists not students. Hope this helps

[cj21 12]

Your question is about POE - rather than visa -- the answer is yes she will be questioned (but not necessarily be denied entry on the spot) but again definitely the Immigration Officers would question and investigate the nature of circumstances why she is returning and why is the child an american citizen. My advice, it is going to be very tough. The mother may have a hard time getting in even with a B2 visa (nor getting a F visa would not solve the issue) but the child has all the right and privileges because he is a US citizen. Plus you mentioned they are not in a relationship anymore. No one really can tell in this forum this is going to be valid. Good luck and think very well the circumstance.

Edited July 5, 2016 by cj21

[KierenHby 900]

Ok so you think she cant re-enter to this country right? Im just trying to help her with the best solutions because i dont really understand about the immigration things. So all i need is just yes she can or no she can't re-enter the US with any kind of visa!! I really appreciate for everyones comment

There you go.. the fact she's trying to get to the US 'with any kind of visa' implies desperation.

I've read a few forums where B visitors gave birth in the US on public expense.. and being subsequently denied reentry.. or Visa Cancelled.

[Gadogado 0]

No one here can really tell you whether or not your friend will be able to enter the US on either visa. All we can tell you is to try. I know a friend who had US citizen baby with a US citizen fiance and travelled every year with her baby to see it's dad. They gave her no trouble simply asked where the dad was. I believe because the baby's dad was a US citizen she was able to proceed. Just tell her to try.

Now for studying she will need a student visa because as said by other members B2us for tourists not students. Hope this helps

So i just talk to her moments ago, she said she will apply for F visa because she actually wanna study here. And Im the one who will ask the information to the school. Do you think it would be worst situation to the CBP seeing F1 student with US citizen baby? She said she can proof that she return to the US not for staying illegaly. She even pick opposite coast from her ex bf to find a school

[Gadogado 0]

There you go.. the fact she's trying to get to the US 'with any kind of visa' implies desperation.

I've read a few forums where B visitors gave birth in the US on public expense.. and being subsequently denied reentry.. or Visa Cancelled.

Yeah but this time she really wanna study here in US plus bring her son to see his father and she can proof it.