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Anonymous
Anonymous asked in 政治及管治法律及道德 · 10 years ago

有關美國過期居留問題!!急急急!!!thanks!!

本人簽證已經過期十九天了, 但我已經在這裡和男友(citizen)結左婚,宜家還懷孕兩個月,但因為老公工作煩[忙, 而且我陀bb不穩所以一直沒有去延期簽證, 現在這樣的情況美國政府是否要我必需回港等候嗎? 還有,因為本人的胎未夠三個月, 聽聞未夠三個月便坐長途機幅射有可能影響到胎兒發育, 而如果我等胎兒夠三個月才離開的話, 又是否觸犯了美國條例如過期居留三十日或以上就三年內不能入境美國呢? 如果我一直黑市的方式留下至bb出世的話, 我懷孕期間又不能去個檢查, 但回香港後又怕他們不給我再入境, 現在真的很苦腦.......請高人指點一吓!!!! 萬分感激!!!!

Update:

咁我只需要申請綠咭就可以??

4 Answers

Rating
  • 10 years ago
    Favorite Answer

    In short.

    You have to choose between your baby giving birth in the US or you want to reapply for finance/IR visa in the near future

    而且我陀bb不穩所以一直沒有去延期簽證, 現在這樣的情況美國政府是否要我必需回港等候嗎?

    -Base line is, your visa have already expired, mean you cannot extent it nor apply for a waiver to adjust your status. Mean if you show up in any CIS office, Police from ICE (immigration and custom enforcement) will arrest you and detain you, and subsequently deport you.

    還有,因為本人的胎未夠三個月, 聽聞未夠三個月便坐長途機幅射有可能影響到胎兒發育, 而如果我等胎兒夠三個月才離開的話, 又是否觸犯了美國條例如過期居留三十日或以上就三年內不能入境美國呢?

    If you go now, since you are under 28 days of overstaying, you will not have any consequence (but you will have trouble to get non-immigrant Visa to US later), plus, it take at least 12 months to apply for a IR visa, mean you child will definitely be born in HK if you leave now. You can leave anytime under 26 weeks.The health risk is minimal (just advice the CBP agent NOT TO USE X-RAY on you as you are having a baby). That's relatively safe.

    However, if you choose to give birth in US, and continue on with the overstay. You need to know, for 1 year or less overstaying, you will be ban for 3 years, for more than 1 year (even for 1 day more) you will be ban for a period of 10 years. So do maths to see if you will definitely get out within 1 year, then you cannot apply for any visa (Migration intented visa included) to US.

    如果我一直黑市的方式留下至bb出世的話, 我懷孕期間又不能去個檢查, 但回香港後又怕他們不給我再入境, 現在真的很苦腦.......請高人指點一吓!!!! 萬分感激!!!!

    If i were you, i will choose to go back now, you got nothing to lose anyway.

    Even though if your child were not born in US, s/he will be US Citizens once you got married, and you still have 8 months to wait and you need to pay for hefty medical bill and deportation bill if you stay on for longer.

    Get the baby born in HK, then apply it with you when you come back to HK. This is the safest way.

    If you wait until you give birth, it changes nothing, except for you cannot reappliy any visa within 3 or 10 years. Plus you may need to go to jail for it.

    Source(s): some of my friend are working for USCIS
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  • 10 years ago

    Can you read English? I cannot type Chinese.

    From what you said, you are OK. Do not worry. If your husband is citizen, he need to file I-130 for you to adjust status. As long as you stay in US without leaving, you will be fine. Once you leave, you will not be allowed to enter US until you serve the penalty of overstay in US.

    This is what I know as long as you are legally entering into US.

    Right now, you are married, pregnant, you should be fine.

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  • 梁寬
    Lv 6
    10 years ago

    點解唔揾律師呢?

    唐人街啲移民律師首次咨詢通常都免費.

    你丈夫係公民應該有辦法留低.點解唔俾BB一個土生美國籍?

    坐係度問係幫妳地唔到!一面陀一面担心對BB更唔好.

    BTY如果妳係HK嘅永久居民,無論任何情形都唔會唔俾你入境

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  • Gary
    Lv 7
    10 years ago

    Make it simple.

    Apply for adjustment of status now (I-485+I-130+1-765).

    All of your problems will all go away.

    In answering your questions:

    1. Not necessary. In your case, if your departure can result in a health risk to you, the U.S. can extend your visa based on humanitarian reasons. But since if you simply apply for adjustment, you will be deemed "in status" again.

    2. Of course immigration ban will usually impose but remember there are always exception. In your case, applying adjustment will make you legal again. Also, the U.S. can take a special consideration based on your issue. So it is not necessary.

    3. Hospital provides service not based on your status. In other words, as soon as you can pay, you are fine.

    What you should really do now is:

    1. Apply adjustment (so all of your concerns can go away immediately)

    2. Ask your husband to seek insurance coverage for you.

    3. See a doctor.

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