PLEASE CONFIRM THE FOLLOWING INFORMATION WITH THE U.S. CONSULATE CLOSEST TO THE PLACE OF RESIDENCE IN YOUR HOME COUNTRY. LAWS ARE SUBJECT TO FREQUENT CHANGES
1) If the Child is born in India and we have the GC by that time, is there any way the child can travel to US?
Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called green card), or Form I-327 (permit to re-enter the U.S.) valid for two years from the date of issue.
If the above are satisfied then the child may accompany you into U.S without a visa.
Following admission to U.S contact the nearest CIS office to regularize the stay of the child in U.S.
A Reader's Experience (May 2005)
Dear Mr. Khanna!
Hope things are well.
As per our last conversation, I am providing this information relevant to bringing a child (born outside US) by a GC holder with RE-ENTRY PERMIT.
- AT Toronto the Immigration Officer said that he cannot let the child into the US without a “status” even though she is a Canadian Citizen and he referred me to the USCIS office on-site
- The officer in the office asked me how I was planning to bring the child into the US. I told her that I had spoken to my lawyer and he had advised me that a child under 2 years can accompany me back into the US and then I can file for her GC/adjustment of status in the US. The officer said that she cannot let the child into the country without a status, she needs to have a status, she said to wait and she would see what she can do.
- After a while she came with another question asking my wife when she had last been to US. My wife told her June 2004. She was confused whether my wife had been to US after my daughter was born. I explained to her that No, my wife had been to US before my daughter was born. The point was that – if both parents had been to US after the child was born (without the child) then the officer would not be able to file for her adjustment on the spot.
- The officer took some more time and took some pictures also of my daughter and basically filed for the GC of my daughter on the spot and stamped her passport with the temporary GC stamp valid for a year and told me that the card should come in 3 to 4 months
- She also advised that the child should not leave the country before getting the card.
I hope the above is useful to you and your clients.
Mr. Khanna, I would like to thank you and your staff for your genuine help and advice for my case and at no charge. I hope that you continue to do well and provide genuine help to people. I will definitely like to utilize your services for my future needs and would recommend you highly to my friends and family.
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