Green card for the baby born outside USA

[kcr]

Hi

We the parents are green card holders and the baby is born in India. We came back to US with the baby(4months old) and at the POE, the baby got the stay permit till May 2009. The stamp on her passport says 'temporary evidence of lawful admission for permanent residence valid until May 29, 2009).

My question now is that do we have to apply GC for her and is anyone have experience in this case, please reply.

Thanks

[TheRealCanadian]

My question now is that do we have to apply GC for her and is anyone have experience in this case, please reply.

No, your child is a Permanent Resident already and the card should arrive in a few weeks or months.

[ReturnHome]

Hi kcr, I have a question. So after the baby is born in India, you got the Indian passport for the baby and did you get any visa before you board the flight? It looks like if parents are green card holders, kid gets a green card by default. Wonder what is the legal procedure to get one. Thanks in advance.

[Jackolantern]

It looks like if parents are green card holders, kid gets a green card by default.

It's not by default. The kid doesn't get permanent resident status until being brought to the US by the green card parents, within the first two years of birth. I suppose the parents got a Transportation Letter or some other document from the consulate abroad in order to take the baby to the US.

[kcr]

Hi

My baby born in january 08. We got the birth certificate from municipal office and applied for passport. While coming back from India, I got a document (not transportation letter) saying that the kids born for GC holders outside USA does not require visa. Before we fly, we also spoke to the airline people(delta) and confimed about this situation. so in bombay we did not have any problems with the airline before boarding. And at the port of entry we have to go through secondary inspection. Overall everything went smoonthly.

kcr.

[ReturnHome]

While coming back from India, I got a document (not transportation letter) saying that the kids born for GC holders outside USA does not require visa.

Thanks kcr.. Where did you get the document from? Was it from US Consulate in India? Thanks in advance.

[kcr]

Hi

I got the document from US consulate, delhi. When you go there make sure you take the baby's passport and birth certificate. I can send you the document if you give me your personal email address.

[ginnu]

http://mumbai.usconsulate.gov/legal_...residents.html

I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

[Vyacheslav]

Hi

I got the document from US consulate, delhi. When you go there make sure you take the baby's passport and birth certificate. I can send you the document if you give me your personal email address.

same here, I got the document from the US Consulate in Delhi in March.. the child's passport is stamped with the stamp as well... will the greencard arrive automatically or will one have to notify the USCIS in the US?

[kcr]

I'm also in the same situation. I'm waiting for the response from dept. of immigration.

[LolaLi]

A quick question to all of you that went through the process.. Did USCIS officials take the infants' pictures during the processing (at the Secondary Inspection)? Did you sign a form I-89 for the processing of the Alien Registration Card or Greencard for your children?

This is the only way you can know for certain if a card is on its way. If you did complete the form I-89, then a card will be issued and is on its way. If not, you may have to go to a local USCIS office to complete the process. Basically, if the child's picture and information was not captured during entry, then it is unlikely a card was ordered. All they may have done at the POE was create an A-file for the child and recorded lawful entry into the US.

Hope this helps you out in some way. I would urge you to take time off and schedule an InfoPass because they will be able to look up your child's record and see a card was ordered or not. They may also be familiar with the process and inform you on what steps to take.

Good luck.

[TheRealCanadian]

You should be fine Ginnu

He's not asking a question - he's reposting a question and answer asked on another site.

[kcr]

Hi Lolali

At the port of entry, the immigration officials took my baby's photograph, but we did not fill any form like the you mentioned. This is almost end of second week since we arrived. Do you think we have to take infopass appointment now or wait for one more week?

Thanks for your reply.

[LolaLi]

Hi Lolali

At the port of entry, the immigration officials took my baby's photograph, but we did not fill any form like the you mentioned. This is almost end of second week since we arrived. Do you think we have to take infopass appointment now or wait for one more week?

Thanks for your reply.

The word "form" is misleading, because the I-89 is a simple form designed to capture the applicant's name, date of birth, address, picture, and one-digit fingerprint to be produced on the greencard. So, based on your response, I think you child was processed for a greencard and you will most likely get it in the mail. (They used to use the I-89 form for all adjustment of status applicants before they introduced the biometrics automated production system.)

However, for your peace of mind, if you don't get anything within 30 days - I think that is the time they ask for newly arriving immigrants to wait - get an InfoPass and find out what is going on.

[LolaLi]

He's not asking a question - he's reposting a question and answer asked on another site.

oops - my bad! I guess I missed that somehow. I've deleted my post. Thanks for the catch TheRealCanadian.

[Ravinka]

Hi kcr,

This is ravika. I have a plan to go to India for my delivery in may'10. We r greencard holders. I dont know anything abt how to bring the baby here to US. What kind of a document is that? Canu pls send it to my e-mail id? Your help is really appreciated..
Thanks in Advance..

[Triple Citizen]

Once the child is born in India, get a passport for the child. Then contact the nearest US consulate and ask for a "transportation letter".
Just out of sheer curiosity, why not deliver the child in the US and avoid all this hassle?

I have a plan to go to India for my delivery in may'10. We r greencard holders. I dont know anything abt how to bring the baby here to US. What kind of a document is that?

[Ravinka]

Thanks a lot for ur reply. Due to my family situation I'm forced to go to India for delivery..Is is easy to get a Transportation letter? or do we need to fill any kind of forms?

[Triple Citizen]

One page form. Here is the form used by the US consulate in South Korea. Contact the nearest US consulate to get their form.

http://seoul.usembassy.gov/uploads/k...OC0I_w/T_L.pdf

Due to my family situation I'm forced to go to India for delivery..Is is easy to get a Transportation letter??

[Ravinka]

Thank you..

[Jackolantern]

Thanks a lot for ur reply. Due to my family situation I'm forced to go to India for delivery..Is is easy to get a Transportation letter? or do we need to fill any kind of forms?

You don't really need an official Transportation Letter. The airline should let you board the baby upon showing your green cards and the baby's birth certificate and passport. And the immigration officers at the POE should let the baby in and process the baby for a GC.

However, occasionally some people have problems with the airline, so they go to the consulate to get a letter to explain the baby's eligibility to travel which isn't an actual Transportation Letter (which costs $165).

Before leaving the US, I would advise applying for a reentry permit in case any medical issues of the mother or baby result in being unable to return to the US within a year. And remember it must be the accompanying parent's first trip to the US since birth when the baby is brought into the US and the baby must be under 2 years old.

[TheRealCanadian]

Due to my family situation I'm forced to go to India for delivery..

Oh. Which family member is abducting you at gunpoint?

[Ravinka]

Hi,

I have a question reg citizenship(usa). 1.Do I have to wait for 5 yrs to apply for citizenship after getting PR?(for me). We are in USA from 2005. But we got PR in 2007. If I have 2 wait for 5 yrs, I think I can apply for citizenship in 2012.
2. If I bring my child from India, baby will get greencard at POE. 3. Is it possible to apply for my baby (for citizenship) along with us? or the baby has to wait for 5 yrs to apply for citizenship.

Can you guys pls help me?

Thanks.

[praytx]

Hi Ravinka,

1) You will be eligible to apply for your GC after you have completed 4 years and 9 months as a resident of US. so it will be sometime in 2012 for you.

2) I dont know when you plan to bring your child, is it now in 2010? as long as it is the child's first trip back with the mother and child is under 2 years old, the child will be admitted at POE with provisional GC.

3) I dont know much details about your individual case but I see two possible options to apply for your child's citizenship.

a) Assuming you bring the child to US in 2010 and child gets GC in 2010, child will be eligible to apply for USC on their own in 2015.

b) Assuming you apply for your USC in 2012 and you are granted USC, you can immediately apply for your child's USC then as your dependent.

assuming everything goes well, I see the latter as a quicker option.

All the best!

[sanjoseaug20]

b) Assuming you apply for your USC in 2012 and you are granted USC, you can immediately apply for your child's USC then as your dependent.

Just a small correction. You will not need to apply for child's USC if you naturalize. The child will naturalize automatically as long as a) he/she has a GC, b) living with you in US and I assume both will be true. You will just need to do the paperwork to either get a passport and/or get the certificate of citizenship through N600.

[Jackolantern]

2) I dont know when you plan to bring your child, is it now in 2010? as long as it is the child's first trip back with the mother and child is under 2 years old, the child will be admitted at POE with provisional GC.

Just to clarify -- the key factor is not the child's first trip; it must be the LPR parent's first trip to the US since the birth, when the child is being brought to the US.

In other words, if the LPR parent already entered the US after the birth but without the baby, the baby will not get LPR status as a result of being brought with the parent on another trip, even if the subsequent trip is the first trip together with the parent and also the child's first trip.

[Ravinka]

Thanks a lot. I have a plan to bring the child in this year itself.

Thanks,
Ravinka

[xhristinex]

Where did you got the letter from us consulate? Where can I get it? Will it take months?

[xhristinex]

Gave birth in Philippines is the procedure the same or this apply in India?

[Triple Citizen]

Yes.

Gave birth in Philippines is the procedure the same or this apply in India?