Dear Mrs Walker-Huntington,

My fiancé's mother is a US citizen and began the processing of filing for him in August 2007. We already know we are not able to get married until this process is complete.

I am five months pregnant and his mother is insisting that I come to Florida, where she resides, to have the baby. I have, however, been advised by my cousin, who is a nurse in Florida, that that would be a mistake. She said the policy there is if neither parents are US citizens or permanent residents, the child will still be classified as a Jamaican. This would not help our case at all.

Is there any truth to this policy change with regards to children being born in the US? Which state or states do you think would be best for me to go if I am to go this route? Is it also true that in order for me to have the baby there, I would have to be in the US at least three months prior to the date of delivery as all the tests - blood and otherwise - done in Jamaica will not be accepted by the US hospital and I would have to do them over?

Your assistance in clarifying these issues is greatly appreciated as I endeavour to make a decision as to what will be best for all the parties involved.

Thanks a million.

G.H.

Dear G.H.

If your fiancé's mother is a US citizen, he can marry you while her petition for him is pending. All that will happen in this instance is that your fiancé's petition will move from the first preference category (single adult child of a US citizen) to the third preference category (married child of a US citizen). Instead of taking approximately six years for a visa to be available for your fiancé alone, it would take about 9 years for both of you.

If you do not get married while this petition is pending, your fiancé will receive his green card. You will then get married and he will file a petition for you. Your family will end up being separated because it will take about four-to-five years for your green card (husband's petition) to be ready for you to migrate.

Your cousin, the nurse, is wrong. "All persons born or naturalised in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." 14th amendment to the Constitution of the United States, ratified July 9, 1868.

Undoubtedly, if you have your child in America, your child will be a US citizen. Since your future mother-in-law wants you to have the baby in the US, you need to discuss with her how the medical bills for yourself and the baby will be handled. As a visitor to the US, you should not accept emergency Medicaid. One of the conditions of your visitor's visa is that you should not become a public charge upon the government and citizens.

While the hospital will offer you emergency Medicaid - a government-sponsored health-care plan for the poor - acceptance of this free medical can result in the loss of your non-immigrant visa.

Jeopardising future trips

If you go to the US too far along in your pregnancy, the Customs and Border Protection (CBP) Officer may deny you entry into the US. The CBP officers are aware that many women go to America late in their pregnancy for the sole purpose of having US citizen children. Additionally, going to the US to have a baby would require you spending several months there and could potentially jeopardise your future return trips. Keep in mind that a visitor's visa is to visit and return home. If you stay for an extended period of time, for example, three to six months, you raise suspicions the next time you travel or when you go to the US Embassy in Kingston to renew your non-immigrant visa.

Also, if you are travelling as a visitor with a US citizen child, you raise suspicion with the CBP officer. While the hospital will not divulge your information to the authorities without your permission, unless you can prove otherwise, the CBP office can presume that you did not pay for the birth of your child and possibly deny you future entry into the US.

If you are able to pay the cost of the birth of your child in the US, you should secure the services of a doctor who can tell you whether or not you will have to redo medical tests that have already been done in Jamaica.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.