Dear Sajha Parivar, Earlier this week, a couple of my friends asked me the following immigration related questions, and I did not know exactly how to answer them except for requesting them to go the immigration lawyers. Both hold F-1 visas and are doing their studies in colleges. Here are the questions:

1. She has an america-born baby boy of three years, and she expects that her eduction will be over within a year. What happens if she does not get a job and cannot transfer her status to H-1 (?) or for the GC? How can she legally stay here in the US and take care of the baby? She is a devorcee, and her husband went back to Nepal for family reasons.

2. Related to this is another question: can she file for the H-1 and GC if she is accepted for the post-doc, by the way?
Thank you for your suggestions,
Sincerely,
Sakuntala, Texas

It would be good if u talk to Immigration lawyer for professional advice. Mr. Binod is nepali lawyer and hope he can help u in this regards. Here is the link of his webpage. Hope u can get free info if u can talk nicely to him. Be aware he is lawyer of USA so never get bad if he is not cooperative and gives free councelling. When I was talking to him he was good in the first converstaion so put all the questions and assure him to file case from his law firm if necessary. He might be helpful for u. Pls share the info what he advice so that somebody in sajha may update more.
http://www.binodlaw.com/index.php?option=com_content&task=view&id=12&Itemid=2

if she can not maintain her status after her education, she will be out of status no matter what her son's status is.

if she gets post doc position then she should be able to file H1b and eventually green card if she continues to work in that position.  HTH

Thank you, this is what I also thought but suggested her to contact the immigration lawyer.

I heard if her child is US born then she can easily get work permit to take care of her child. Don't take this as legal advice, and it may not be true. Better contact immigration lawyer.

 

 

khairey, i dont think so.  there was a news on 60 minutes that this lady was asked to leave USA even her kid is a US born.  her husband died while her green card was in process and now the USCIS are askign her to leave usa. USCIS told her that they can not approve her PR application based on family as her husband is alredy expired.