Asking question for a friend. About visa and child is citizen

[kalbitang 6]

Hi,  hopefully someone has some insights if this or had gone thru same situation.

 

first off the mom is from Taiwan and came to USA with tourist visa but while staying in the USA she met someone and then they had a child.  The problem is the guy does not want to have anything to do with them.  The child is a citizen.  She had to go back to Taiwan since her visa was expiring.   
 

is there anything she can do to come back to the US and apply for visa? So that she can send her child to school in the US?

 

any info would be helpful.

 

thanks.

[Boiler 43,430]

She would not apply for a Visa in the US, something you apply for outside the US 

 

Taiwan I believe is part of the VWP so she just needs an approved ESTA to visit.

 

The USC child can sponsor her to immigrate, but needs to be over 21.

[kalbitang 6]

21 minutes ago, Boiler said:

She would not apply for a Visa in the US, something you apply for outside the US 

 

Taiwan I believe is part of the VWP so she just needs an approved ESTA to visit.

 

The USC child can sponsor her to immigrate, but needs to be over 21.

Ok so basically she needs to come back to the USA and stay here and wait til her child becomes 21 and then the child would sponsor her to immigrate?

 

any other options or this is only way ?

 

thanks.

[SusieQQQ 11,584]

11 minutes ago, kalbitang said:

Ok so basically she needs to come back to the USA and stay here and wait til her child becomes 21 and then the child would sponsor her to immigrate?

 

any other options or this is only way ?

 

thanks.

No, you misunderstand, she gets no rights to live here just because she had a child here.  She cannot just come and live here, she has to go back home until the child turns 21 and can sponsor her.

[Boiler 43,430]

11 minutes ago, kalbitang said:

Ok so basically she needs to come back to the USA and stay here and wait til her child becomes 21 and then the child would sponsor her to immigrate?

 

any other options or this is only way ?

 

thanks.

No, she can visit she can not stay here.

 

All sorts of other ways, depends on her situation, the 3 main categories are Family Sponsorship, Work Sponsorship and Investment. The one we see most often on here is sponsorship through a US spouse. I see you have K1 down, another route.

[US-UK 32]

2 hours ago, kalbitang said:

came to USA with tourist visa but while staying in the USA she met someone and then they had a child

The basis of the child’s citizenship isn’t completely clear to me.  Did she get pregnant, leave before the expiration of her visa/VWP, give birth in Taiwan and file CRBA (without the birth father’s support)? Or did she stay in the US past her visa/VWP and deliver in the US? 
 

It doesn’t really matter given that the child must be 21and domiciled in the US to sponsor the mother, but it could impact the mother’s non-immigrant travel to the US between now and then (for example to visit the child while s/he is studying at a US boarding school or college, which would be another way for the mother to send her child to school in the US). 

[kalbitang 6]

1 hour ago, US-UK said:

The basis of the child’s citizenship isn’t completely clear to me.  Did she get pregnant, leave before the expiration of her visa/VWP, give birth in Taiwan and file CRBA (without the birth father’s support)? Or did she stay in the US past her visa/VWP and deliver in the US? 
 

It doesn’t really matter given that the child must be 21and domiciled in the US to sponsor the mother, but it could impact the mother’s non-immigrant travel to the US between now and then (for example to visit the child while s/he is studying at a US boarding school or college, which would be another way for the mother to send her child to school in the US). 

She 

 

3 hours ago, Boiler said:

She would not apply for a Visa in the US, something you apply for outside the US 

 

Taiwan I believe is part of the VWP so she just needs an approved ESTA to visit.

 

The USC child can sponsor her to immigrate, but needs to be over 21.

 

1 hour ago, US-UK said:

The basis of the child’s citizenship isn’t completely clear to me.  Did she get pregnant, leave before the expiration of her visa/VWP, give birth in Taiwan and file CRBA (without the birth father’s support)? Or did she stay in the US past her visa/VWP and deliver in the US? 
 

It doesn’t really matter given that the child must be 21and domiciled in the US to sponsor the mother, but it could impact the mother’s non-immigrant travel to the US between now and then (for example to visit the child while s/he is studying at a US boarding school or college, which would be another way for the mother to send her child to school in the US). 

Actually I am not sure the type of visa she (mother) got while in the US.  But she was pregnant while in US and also she gave birth in US , so the daughter has citizenship.  
 

and then in a later date she left the US back to Taiwan with her daughter.  But now she want to come back to the US with her child so that the child can goto elementary school.  That’s the situation.    As like other said I think she can’t really get status for staying in US other then travel visa or student visa?   Or unless the father is the child sponsor her for K1 visa or ? Other option is wait for child reach 21 to sponsor her ? Her child is about 4 years old now.

Edited March 1, 2020 by kalbitang
Error

[belinda63 2,981]

Yes the child being a US citizen does nothing for the mother until the child turns 21. She can come to the US on a student visa, work visa, or a family based visa. Did she overstay her ESTA? If she did she can not use that anymore and must apply for a tourist visa. While I understand her wishes for the child to have a US education unless she has someone in the US willing to care for the child while it attends school that will not happen.

[SusieQQQ 11,584]

2 hours ago, kalbitang said:She 

 

 

Actually I am not sure the type of visa she (mother) got while in the US.  But she was pregnant while in US and also she gave birth in US , so the daughter has citizenship.  
 

and then in a later date she left the US back to Taiwan with her daughter.  But now she want to come back to the US with her child so that the child can goto elementary school.  That’s the situation.    As like other said I think she can’t really get status for staying in US other then travel visa or student visa?   Or unless the father is the child sponsor her for K1 visa or ? Other option is wait for child reach 21 to sponsor her ? Her child is about 4 years old now.

There is no basis from the child to give her any right to live in the US until the child turns 21. If there is a relative legally present in the US (I’m still not clear if the father lives in the US) and she is determined to give the child a US education as an overriding issue she can send the child to live with that relative. The child as a citizen is entitled to anything else a citizen is. But not the mother. She seems to be trying to use the child as an anchor baby, that doesn’t work.

 

[SusieQQQ 11,584]

1 hour ago, belinda63 said:

Yes the child being a US citizen does nothing for the mother until the child turns 21. She can come to the US on a student visa, work visa, or a family based visa. Did she overstay her ESTA? If she did she can not use that anymore and must apply for a tourist visa. While I understand her wishes for the child to have a US education unless she has someone in the US willing to care for the child while it attends school that will not happen.

Just to be clear that certainly not a tourist visa, and almost certainly not a student or work visa, would give her 17 years of living in the US while waiting for the child to get old enough to sponsor her. 

I believe there are a few American schools in Taiwan, that is possibly the best option for the child to get an American education under the circumstances?
 

 

Edited March 2, 2020 by SusieQQQ

[BadAmmoWitch 208]

9 hours ago, kalbitang said:

 

first off the mom is from Taiwan and came to USA with tourist visa but while staying in the USA she met someone and then they had a child.

For how long was she in the US? Did she overstay her visa/VWP, file for an extension, or do Taiwanese women have super fast gestation periods?

[milimelo 4,194]

1 hour ago, BadAmmoWitch said:

For how long was she in the US? Did she overstay her visa/VWP, file for an extension, or do Taiwanese women have super fast gestation periods?

Sounds like a minimum of 10 months stay and ESTA is good for 90 days - so overstay. Bye bye VWP, she now most certainly needs a tourist visa. Wonder who paid for delivery? 

[Downloader 197]

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[Boiler 43,430]

Seems a non immigrant visa would be most unlikely. I suppose she could have made more than one trip? Begs the question how she would support herself?

[SusieQQQ 11,584]

30 minutes ago, milimelo said:

Sounds like a minimum of 10 months stay and ESTA is good for 90 days - so overstay. Bye bye VWP, she now most certainly needs a tourist visa. Wonder who paid for delivery? 

Chances of any non immigrant visa with a (presumed) overstay on record plus US citizen child must be very close to zero.

 

i know OP implied she left before her tourist visa expired but as already pointed out in vaguer terms, to meet someone and then see a full pregnancy through to birth takes longer than the 6 months of a tourist visa.

Edited March 2, 2020 by SusieQQQ