I’ve been with a girl for 7 months now, she’s from Brazil and here legally with a visa. I have all intentions on marrying her. I’m sure we should hire an immigration attorney to assist us. Just this week we found out she’s pregnant and couldn’t be more excited!! In November she’s due to have her visa status reexamined.. I keep thinking about the possibility of the embassy making her go home. Does she have any rights since the baby’s father is a US citizen? Any feedback would be welcome.
Thank you.
Location: Atlanta, GA
Comments
Her pregnancy does not effect her legal status in the US. Regardless of whether or not you as the baby’s father is a US citizen. Under the current administration, they may try to remove her from the country to prevent her baby from being an anchor baby.
You being a citizen does make a path towards your baby becoming a US citizen if born abroad, but it is not automatic. And if your girl friends baby becomes a citizen, or is born in the US as a citizen, that may help her get citizenship.
Now, if you two were married, that may also help your girlfriend get citizenship. But you really do need to talk with an immigration attorney.
I’m not a lawyer, at all, not even a little bit.
But your girlfriend is absolutely at risk for horrific deportation or other incarceration given her status. If you aren’t already in a blue state, I would recommend getting to one soon. Also reach out to your local immigration/refugee etc. community organizations for help, and get an immigration lawyer yesterday. I have a relative who is an immigration lawyer and the stories they tell (heavily redacted and generalized to avoid sharing personal/confidential information) are horrific.
*I’m assuming you are in the US. Apologies if I am wrong, it’s just really ugly here right now.
It would be best for her to talk with an immigration attorney. That field of law is very complex now so best to know all the options. Good luck with fatherhood!