Home Immigration Lawyer The Mail Bag: Foreign Students Show Ignorance about Immigration

The Mail Bag: Foreign Students Show Ignorance about Immigration


We at CIS typically get letters from aliens looking for recommendation on what they need to do subsequent. Sometimes they show each a slim focus and an ignorance of the admittedly complicated immigration system, and typically they exhibit a complete lack of planning.

For instance, we simply obtained this from what seems to be an individual from India:

I hope somebody can assist with this specific state of affairs:

My spouse and that I are at present on F-1 standing.

Myself at present on OPT (non stem) expiring in Feb.

Wife: F-1 pupil graduating in May.

Currently my spouse is pregnant her [medical] pupil insurance coverage obtained by the college covers maternity and put up maternity care however the protection ends on May 31. The child is due in July.

So far each insurance coverage plan I noticed on-line has a ready interval for 12 months to cowl the being pregnant.

i’ve two questions:

Q1. Can I alter my standing to F1 dependent [i.e., F-2] or B1B2 whereas I’m within the USA? How much time would the processing take?

Q2. Is there any insurance coverage to cowl the being pregnant for F-1 college students?

So we now have a university grad and an about-to-be faculty grad who’ve managed to realize a being pregnant that can produce a child at a time when each dad and mom — except one thing modifications shortly — will likely be out of standing when the newborn arrives. The letter reveals dangerous planning, to say the least, and given their schooling, a excessive diploma of ignorance of what new dad and mom ought to know. Further, the narrowness of their questions has shown that they don’t seem to be eager about the total array of choices which might be open to them. (Without saying so, they apparently need to keep within the U.S., and have some insurance coverage system pay for the start, and haven’t thought much additional.)

Were I to put in writing to them (as a person, not representing CIS), I might accomplish that alongside these traces:

Dear younger couple:

i’ve your question about what to do subsequent and marvel why two well-educated younger folks can be in such a quandary. You have a plethora of choices, given your description of your state of affairs.

The most blatant one is to return to India, what place you’ll each be authorized residents, what place you should have no less than some help methods from prolonged households, and what place the prices of start care — by U.S. requirements — are very low. The husband has been working within the U.S. for no less than a 12 months (by February) in a authorities sponsored Optional Practical Training job and may have saved some cash.

Another apparent alternative, although some wouldn’t see this as an choice, is to have an abortion, and both keep away from having youngsters altogether, or plan to have it, or them, when each of you’ll definitely be in authorized standing someplace. It just isn’t a good suggestion to have a child whereas the dad and mom (one or each) are in unlawful standing. It is actually not truthful to the newborn.

A 3rd apparent alternative is to be taught one thing about how this nation offers with the arrival of a child, a brand new citizen, by the way, when a number of dad and mom is out of authorized standing.

The start is roofed by our Medicaid system, and the newborn is eligible for no less than some postpartum care. Further — although the dad and mom might have contributed nothing to the help of the federal government — each the pregnant and the nursing lady and the newborn, are eligible for the WIC (Women, Infants, Children) program and its particular meals for mom and youngster. I collect, second hand, that WIC is a really welcoming program, in contrast to another profit packages. No one asks concerning the authorized standing of anybody.

So not solely does this nation grant instant citizenship to the newborn (one thing hardly ever encountered exterior the Western Hemisphere), it supplies some medical care, and a few things to eat dietary supplements, to the newborn and maybe a lesser set for the mom, although one or the opposite father or mother, or each of them, are illegally current.

You ask about altering standing for, apparently, the husband, who will doubtless be an unlawful alien by February, and inquired about vacationer standing or that of a dependent of an F-1 pupil (the spouse). No one can work legally in both of these statuses, so maybe you might be well sufficient off to think about them. An F-2 standing for the husband would solely cowl him by the spouse’s commencement, at which era he would revert to unlawful standing. Converting one or each of you to vacationer standing would even be a short-lived answer, however in case you merely need to have the newborn right here after which depart for India, these choices could be thought-about.

A long term answer to authorized standing, however not a everlasting one, can be for one in every of you, or each of you, to hunt one other diploma. Perhaps if the spouse had been to hunt a grasp’s diploma on the similar college what place she is at present learning that might give her authorized standing as an F-1 for an additional couple of years; it may additionally prolong the coed medical insurance coverage. With a lot of college educating being digital as of late, it will be simple for both the brand new mom, or the brand new father, to check and maintain down a paying job on the similar time, although the job market just isn’t as beneficial because it was a 12 months in the past. Perhaps one in every of you may be the F-1 and the opposite the F-2.

In addition, you need to be conscious that the immigration regulation isn’t enforced, besides on the borders and airports. You must also know {that a} legit utility for an immigration profit often prevents a deportation whereas it’s being processed.

In different phrases, you have got heaps and plenty of choices, and I’m shocked you aren’t conscious of most, if not all of them. And there are others on the market that we now have not talked about, resembling working for an Indian consulate or embassy, or for a global group, or in an H-1B job with a college. The record goes on and on and on.

This recommendation, by the way in which, is each free and never from a lawyer; however it’s from somebody who is aware of one thing concerning the immigration system. Good luck.


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