May need to return to US after re-entry permit expires due to pregnancy

ponyo_rocks

Registered Users (C)
I am an LPR and have a valid re-entry permit for 2 years. The plan was to return by that time frame, as we had personal family related activities that we needed to during this time in our home country. However, I will be 7+ months pregnant when the REP expires and would prefer to not to travel before then for health reasons. Is it okay to travel after I give birth to the baby (which will be after the REP expires) or do I need to apply for SB1 from the consulate near me?

I am also considering the option where I'd travel once pre-baby and 'use' my valid REP and then return once I have the baby and it is safe to travel with a new born. I read that even if the SB1 is approved, I have to go through the immigration process once again?

Have you had a similar experience? Thanks for sharing your thoughts. I have a valid LPR and have been away from the country for close to 13 months now.
 
You can only apply for the SB-1 after your reentry permit expires (if you apply before it expires, they'll tell you to use the reentry permit to return). And it's not guaranteed to be approved, so consider it a last resort and avoid it if you can. Try to take a short trip to the US or a US territory like Guam before you become too far in the pregnancy to travel, and time it so that when you return to the US again after giving birth it will be less than a year since your last exit from the US.

Yes, it will cost money to take that trip, but it also costs money to apply for the SB-1 visa.

I read that even if the SB1 is approved, I have to go through the immigration process once again?
You have to repeat the final stages of it, like the fingerprinting and medical.
 
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Thanks Jackolantern, that makes a lot of sense to me.

After researching a bit more, I have come to realize that the SB-1 is an unusual visa and not granted easily, and definitely not predictable. I dont think it wise to take my chances with it.

As for the cost, I agree that both options are expensive and its wiser to choose the easier of the two. I'll check with my Doctor and make a trip before I am too far along in my pregnancy. It should be a nice excuse to catch up with my all my friends and family there!
 
Does my 15 year old son really need an SB1 visa?

I am a naturalized US citizen. My son got his green card in 2008 and his green card is valid through 2018. My son and I moved back to China for some family reason in 2009, and stayed there until now. We are planing to move back to the USA. My question is as a 15 year old Child of an US citizen, does he really need a SB1 visa to go back to USA?

Thank you so much in advance for your reply!
 
If you became a US citizen before he left the US in 2009, he might be able to claim US citizenship through you and obtain a US passport.

Start a new thread to ask the same question in the US citizenship section, and provide more information such as:

Did his other parent became a US citizen before he left the US in 2009?
Were you married, single, divorced or separated when he was living in the US with a green card?
If not married at that time, did you have legal custody of him when he had a green card in 2008-2009?
Was he physically living with you in the US when he had a green card in 2008-2009?
 
Thanks a lot Jackolatern!

Yes, I became a US citizen in 2006, before he left the US in 2009.

I was divored when he was living in the US with a green card. and I have the legal custody of him. He was physically living with me in the US when he had a green card in 2008-2009. His dad lives in China.

I was also wondering if it is much easier to just get him an US passport. From what I've read online, the SB1 visa seems to be very complicated and time consuming. I really would like to get him back to US in August so that he can attend high school on time.

I have set up an initial interview for SB1 visa on July 30th. Hesitating about if we should go or not. I have also sent an inquiry to the US consulate here to ask how could he get an US passport. Still waiting for the answer. I'm having my fingers crossed.

Thanks again for your kind help!
 
This is the original poster and thought I'd write back with an update on my situation (read my OP for more info).

I did visit the US before my re-entry permit (about to expire in 2 months) with my spouse whose REP is also going to expire soon. The re-entry at POE was very smooth. The immigration officer asked us if we were working abroad for two years (we said yes, and he asked which companies). We both work for American companies, it didn't seem to bother him anyway. He advised us to give birth to our baby in the US so that it can obtain citizenship ;) - but due to unavoidable reasons our baby will be born abroad. We told him we plan to come back after the baby is born and is in good health to travel. He said cool, you're lives are about to become very very busy and told us about how his daughter is 13 and he is still busy. POE was San Francisco.

By the time we move back to the US, our re-entry permits would have expired, but it will be less than 1 year since our previous visit (hopefully it will just be 7 or 8 months). We will bring back the baby - we've had a friend who has done this before and faced no problems. I am expecting questions to be asked and understand there is no guarantee for anything, so we will have to wait and see.
 
One more info I forgot to add (OP here) - I am entering the US after 17 months abroad and its my second entry to the US after getting my REP.
 
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I did visit the US before my re-entry permit (about to expire in 2 months) with my spouse whose REP is also going to expire soon. The re-entry at POE was very smooth. The immigration officer asked us if we were working abroad for two years (we said yes, and he asked which companies). We both work for American companies, it didn't seem to bother him anyway. He advised us to give birth to our baby in the US so that it can obtain citizenship ;) - but due to unavoidable reasons our baby will be born abroad. We told him we plan to come back after the baby is born and is in good health to travel. He said cool, you're lives are about to become very very busy and told us about how his daughter is 13 and he is still busy. POE was San Francisco.

I hope you are aware of the requirement to bring the baby to the US with the accompanying LPR parent's first trip to the US since the birth (and before the baby is 2 years old, but you were planning to return long before that anyway), if you want the baby to receive instant LPR status at the port of entry.
 
That's correct, Jackolantern. I am aware that I need to return with the baby (should be my first visit after baby's birth and I do plan to return before baby turns 1 - my baby is only due early next year). I will be applying for instant LPR status at POE for baby. I'll be back with an update after a few months.
 
This is the OP and I am about to make the trip back to the US with my 4-month old baby. Just wanted to check...do I have to pay any fees at the POE for baby's GC? If yes, what form of payment works? Anyone with experience, thanks for your time.
 
I was at the POE with my baby born outside the US and the process was pretty smooth. Immigration officer asked me how long I was away and since it was over 6 months, he asked why that long - I said it was for my delivery. He then sent me to the 2nd immigration room. No questions were asked at secondary immigration room, except to confirm if I am planning to live in the US, the answer for which was yes. I entered the US approx 7.5 months after my stay outside.

But the process takes some time. So any connecting flight after immigration should be planned with adequate time in between. It took about 45 minutes for me as it was lunch time and things were a bit slow. Also, all officers may not know exactly how to process this case - I saw them referring to printouts on what to do.

They take the original birth certificate - so make sure you get more than one copy from the office that issues birth certificate for the baby. Also needed are two copies of passport photo for baby and baby's passport. Father was not allowed to the secondary immigration room, so dont send the baby's diaper bag away with the dad! There is drinking water and restrooms available in the secondary immigration area.

I now have a NA-3 stamp on my baby's passport, but no other document was given to me. I was told the GC will come by mail in some time, but they had no idea how long it would take. So I hope it was all done properly and I'll get it soon.
 
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