Jamaica Gleaner

Where should I have my baby?

- Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigratio­n law in the United States; and family, criminal, internatio­nal and personal injury law in Florida. She is a mediator, arbitrator and Special Magistrate in Broward C

Dear Mrs Dahlia Huntington, I AM from Jamaica and currently visiting the United States i n Daytona Beach, Florida. I am eight months pregnant, and I have decided to have my child here in the US. I have been visiting a birth and wellness centre, where I do my check-ups, and I can also have my child there, if I choose to, or in the hospital.

Since I am not a US citizen, please give me some advice. Should I have my baby at the centre or at the hospital?

I am kindly awaiting your response. –P.B. Dear P.B.,

The decision as to where in America to deliver your baby is entirely yours, and you should make the best informed decision. However, the method of payment for the services rendered to you in the United States can have a longterm effect on your non-immigrant US visa.

It is perfectly legal for anyone to give birth to a child in the United States, and that child will be a citizen of the United States. As a visitor, you must ensure that you pay all of your expenses without assistance from the US government. Your US-citizen child, once he or she is born, is entitled to all the benefits of US citizenshi­p, but, as the mother who is a visitor to the US, you are not.

Once the baby is born, the child can be enrolled in Medicaid, and any medical expenses that he or she incurs will be paid by the US government. You, on the other hand, should not accept Medicaid for the payment of your medical expenses – even if it is offered. The hospital or medical centre may suggest that you be enrolled in Medicaid to cover your financial obligation­s to them if you do not have health insurance. They may even assign a social worker to assist, primarily because they want to ensure that they are promptly paid. However, the acceptance of Medicaid is a violation of the terms of your US visa and can lead to the cancellati­on of your visa or to the denial of its renewal. You can also be denied entry on any subsequent trips by the Customs and Border Protection officer at a port of entry. It is not illegal to accept the Medicaid, but it designates you as a public charge on the US government for immigratio­n purposes.

If you intend to have your baby in the United States while a visitor, please ensure that you have or will make arrangemen­ts to pay your medical bills. You cannot accept Medicaid and repay them later.

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Dahlia Walker Huntington

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