Foreign exchange student 18 yrs old gets pregnant in u.s.

[Pacer41]

What is the name of your state (only U.S. law)?

Wyoming

An 18-year-old foreign exchange student gets pregnant by a U.S. citizen during her senior year of high school.

1) If they marry, will she have automatic citizenship. If not, does the fact that they get married help or have no effect whatsoever with her ability to remain in the U.S. indefinitely?
2) If the baby is born in the U.S., will that make him/her automatically a U.S. citizen, and does that help her case in obtaining a green card or citizenship?

 

[Ohiogal]

Posting hx!

 

[Ohiogal]

Who are you in this case? Who is the girl? How are you legally involved?

 

[Proserpina]

What is the name of your state (only U.S. law)?

Wyoming

An 18-year-old foreign exchange student gets pregnant by a U.S. citizen during her senior year of high school.

1) If they marry, will she have automatic citizenship. If not, does the fact that they get married help or have no effect whatsoever with her ability to remain in the U.S. indefinitely?
2) If the baby is born in the U.S., will that make him/her automatically a U.S. citizen, and does that help her case in obtaining a green card or citizenship?

(Am I going to regret checking post hx?)

1) No. People stopped becoming "instant citizens" many years ago.
2) Yes. It does not affect Mom's status though.

I believe she'll find that she is subject to the "home country" restriction - this means she cannot adjust status from within the US, and she must live outside of the US for 2 years before she can get a residency visa.

A waiver is possible, but they are incredibly restrictive.

http://travel.state.gov/content/visas/english/study-exchange/exchange.html

 

[Pacer41]

Who are you in this case? Who is the girl? How are you legally involved?

Sorry, Ohio Gal - I probably should've clarified in the question that I'm an author and I'm writing a sub-plot for a contemporary novel. Knowing my readers will surely check the legal facts, I don't want to get burned. So since Immigration Law changes constantly, this scenario would have taken place just post-9/11. I hope it's okay that I'm seeking legal advice for a book. I've tried "googling" the topic, but as you can well imagine, it's fairly complex.

 

[Pacer41]

(Am I going to regret checking post hx?)

1) No. People stopped becoming "instant citizens" many years ago.
2) Yes. It does not affect Mom's status though.

I believe she'll find that she is subject to the "home country" restriction - this means she cannot adjust status from within the US, and she must live outside of the US for 2 years before she can get a residency visa.

A waiver is possible, but they are incredibly restrictive.

http://travel.state.gov/content/visas/english/study-exchange/exchange.html

Thank you, this helps. So initially, she would've been on a student visa which expires; is there a mechanism in place, whereby she could remain in the U.S. and apply for a green card in order to stay? BTW her home country is Sweden.

 

[Proserpina]

Thank you, this helps. So initially, she would've been on a student visa which expires; is there a mechanism in place, whereby she could remain in the U.S. and apply for a green card in order to stay? BTW her home country is Sweden.

Did you miss the bit about her having to leave? You didn't even check the link, did you?

No - she cannot stay.

And next time? Save up for an attorney to give you ideas for your next book.

You can't afford my consultation fee.

 

[Pacer41]

Did you miss the bit about her having to leave? You didn't even check the link, did you?

No - she cannot stay.

And next time? Save up for an attorney to give you ideas for your next book.

You can't afford my consultation fee.

Yes - I missed the link the first round, but have indeed checked it out so thank you very much! It is very helpful and I appreciate it.

 

[OHRoadwarrior]

Part of the Foreign Exchange program is her knocked up butt is thrown on a plane home ASAP. My wife was in Youth For Understanding.

 

[Pacer41]

Part of the Foreign Exchange program is her knocked up butt is thrown on a plane home ASAP. My wife was in Youth For Understanding.

Ah hah - Okay. Sounds like my sub-plot won't work in that case. Have to think of another route!