If I’m a legal student on an M1 visa but me and my girlfriend are expecting, is there any way that I can apply for permanent residence?

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If I’m a legal student on an M1 visa but me and my girlfriend are expecting, is there any way that I can apply for permanent residence?

Asked on March 22, 2019 under Immigration Law, Missouri

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No you are not able to apply for permanent residence just because you will have a child born in the US.  You would have to get married to your girlfriend and, assuming she is a US citizen, she would be able to petition for your permanent residence on the basis of marriage.  Otherwise, if you are not going to get married, you can remain in your M-1 status or seek permanent residence through employment at some future date.


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