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DUTCH passport holder in U.S. Pregnant and visa waiver about to expire!?!?
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DUTCH passport holder in U.S. Pregnant and visa waiver about to expire!?!?

My sister is currently on vacation in the U.S. (California) on a Dutch passport (visa waiver). She's scheduled to go to Mexico (by car) for a few days and stay in the U.S. for another few weeks. She just found out that she's not 5, but over 7 months pregnant.

Turns out that the total days she can stay is 90 days (including the trip to Mexico - the time of initial stamp does not reset for re-entry period) so that will total up to more than 90 days... Now she can't fly anymore, but she can't extend the visa waiver either!?!?!? (There is no intention or interest in migrating)

She's stuck!? What can she legally do to stay there safely to deliver her baby risk free yet avoid getting deported?
Additional Details
Thanks for the responses, but she cannot leave the country because the doctor says she's high risk and won't allow her to fly anymore, I just don't know exactly why...?


    




Bronwyn B
Rating
Your sister should definitely contact US Citizenship and Immigration Services (formerly known as INS) to attempt to legally extend her stay. The USCIS website says that you can't do this if you entered the country through the visa waiver program, but this sounds like an extraordinary situation. It's a large bureaucratic organization and can be frustrating to work with, but contacting the local CIS field office is the best place to start.

Field office locations in California:
https://egov.uscis.gov/crisgwi/go?action=offices.summary&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA

More information on extending your stay in the US:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ade96981298d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=48819c7755cb9010VgnVCM10000045f3d6a1RCRD

I actually had to deal with this situation for a seven-months pregnant visitor from the Philippines that was confined to bed by a doctor... CIS first recommended a process called "voluntary departure" but that only applies AFTER you've overstayed your visa, and we wanted to prevent that from happening (which we did). I hope your sister has the same positive outcome as we did!


Yak Rider
Rating
She's not stuck, she can leave now. There are no restrictions on flying 7 months pregnant. My wife did it when we moved from Illinois to the Philippines. She got a note from the doctor saying she was okay and we went on Northwest Airlines.


klompendancer
I would suggest she get a second opinion from another doctor. Looking at the other poster's repsonses, she should be ok flying back to the Netherlands, but just taking extra precautions during the flight. She should have a doctor's note explaining all the precautions she needs to take and she should pay extra for business class - it's worth the money to arrive in good health and not have to deal with overstaying a visa in the US. The doctor can't make you not take a plane (what's he gonna do, tie you in his office?), he can only say she is high risk and strongly suggest against it. Second opinions are always helpful. If both say she should not fly, then she should go to the nearest Dutch consulate with both doctors' notes and ask them for help.





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