Q&A’s published on Lawyers.com and the Epoch Times on September 18, 2020 1. Overstay. 2. Mother Applies Married Daughter. 3. My Overseas Girlfriend is Pregnant but I have No Insurance.

1. Overstay

I was on L-1 visa and my last working day was on May 2, 2015. I stayed until 31 may as I was doing exams and selling my furniture and car etc. I-94 expiry was July 2016. Did I accrue unlawful presence from 3 may to 31 may? Do I need to report it if I am applying for immigration visa?

Mr. Lee answers:
The period of time that you are talking about is only 28-29 days according to your fact situation. Since the I-94 expiration date was July 2016, over a year later, you did not accrue unlawful presence. Even if you had, it would take 180 days of unlawful presence to bar you from the United States for three years. When applying for an immigrant visa, you can put down that you were unlawfully present for the 28 or 29 days, and it would make no difference in a consular interview for an immigrant visa. If you were adjusting status in the US, it might make a difference, but that would depend upon the category under which you were seeking immigration.

2. Mother Applies Married Daughter

My mother is a resident. She petitioned 2 of her daughters back in 2004. One of her daughters is now married. If mother was to become a citizen would that help the married daughter?

Mr. Lee answers:
If your mother becomes a citizen at this time, she can petition for her married daughter again under the F-3 category for married sons and daughters of US citizens. However, this would be a new petition with a new priority date, and the F-3 category is backed up about 13 years. If there is another way for the daughter to immigrate, perhaps she should choose that instead. If not, the mother should file the petition as soon as possible

3. My Overseas Girlfriend is Pregnant but I have No Insurance.

My girlfriend and I have been dating 8 mo. 50% her time in U.S. & China on her Biz visa. She’s pregnant. My baby. What visa now? How to we marry for the baby?

I have a job but no insurance. Should I have her come out to the U.S. on a tourist visa right away? Can she stay with me in the U.S. somehow so we can have the baby here? Should we get married right after the baby is born since we have no insurance and she is not a citizen? Would it be better for her and the baby if we get married in the U.S. right away? But then how do we manage the pre-natal, and delivery of a baby $$$$ costs without insurance?

Mr. Lee answers:
You appear to be very concerned about the money that will be involved with the baby being born in the US without insurance. That being the case, and unless you are dead set on having the baby born here, perhaps it is better that the baby be born in China. I assume that you can marry at any time, perhaps even now, and then begin the I-130 petition process with the idea of a final interview at the American consulate in Guangzhou.  Such would probably take about a year. That would likely give enough time for your wife to give birth and recover so that she would be able to gather the documentation and appear for an immigrant visa interview overseas. The timing should also give you time to prepare for a life with your wife and the child.