Is it Illegal to have a child with H4 visa expiration?


shinehigh

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Hi,

I am on H4. My husband's company has applied for my visa extension 6 months back in Feb 2017 but we haven't received any confirmation yet. My visa expires by  July 2017. We are expecting our child this November. Should i wait for the visa or consider going back to India for delivery? Is it illegal to have a child when my visa is expired? Can i go back to India with the US born child if my visa do not extend?

Please help.

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Nobody prevents you from having a child in the US. Your status doesn't matter.

A child born in the US is a US citizen, even if the mother is out of status. That's in the US Constitution.

You obviously would need to get a US passport for the child if traveling abroad with the child.

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