UK Citizen working in US is Pregnant

[AlanB]

My daughter has been working in the US, as part of a University programme, since June 2006, on a 12 month work Visa.
She has been seeing an American and has fallen pregnant.
Their baby is due after her Visa expires.
She would like to stay in the US with her partner and baby.

What does she need to do?

What are the Pros & Cons of having the baby in UK or US, with regards to citizenship and her parental rights?

Any advice would be appreciated.

[Marco 72]

Does your daughter plan to marry the US citizen father? If the child is born in the US, then he will be a US citizen automatically at birth. If born outside the US out of wedlock, the child may or may not be a US citizen (see here).

Being the parent of a US citizen does not entitle one to any residence rights, although the child may be able to sponsor the non-US citizen parent after he or she has turned 21.

If your daughter marries the US citizen parent, she may apply for adjustment of status and obtain permanent residence.

[AlanB]

We only got this news a couple of days ago, so I do not currently know what their plans regarding marriage are.

My immediate concern is what she needs to do in order to remain in the US when her current visa expires in a couple of months, although, to be quite honest, I would be more than happy if she were to come back to UK and have her baby here.

[Marco 72]

Unfortunately there isn't a way to use her pregnancy in order to prolong her stay. It might be different if her pregnancy made it difficult for her to fly, but it sounds like that won't be the case.

If she decides to marry the US citizen father she can apply for adjustment of status in the US, but she'll have to stay in the US until it gets approved. If she leaves (for example, due to a family emergency) she may find herself banned from the US for a few years.