How to interpret the following law ?

[krishna_vz]

Case: Child born after getting GC to father
-----------------------------------------
My case : I am a PR and my wife gave birth to a child during her temporary travel to India. She is a 485/Adjustment of Status applicant (AOS). Can I go to India and bring the child with me in my first reentry using the below law ?. My wife can come back using Advance Parole. Can I be the only person accompanying the child to USA?. In that case, does POE (port of entry) people care about mother's PR status too ?The confusing parts are highlighted in bold.

"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 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."

Can I be the only person accompanying the child ?. In that case, does POE (port of entry) people care about mother's PR status too ?


Thanks,
Krishna V

[krishna_vz]

Thanks Joe for your help.

[arizonian]

Originally Posted by krishna_vz

Case: Child born after getting GC to father
-----------------------------------------
My case : I am a PR and my wife gave birth to a child during her temporary travel to India. She is a 485/Adjustment of Status applicant (AOS). Can I go to India and bring the child with me in my first reentry using the below law ?. My wife can come back using Advance Parole. Can I be the only person accompanying the child to USA?. In that case, does POE (port of entry) people care about mother's PR status too ?The confusing parts are highlighted in bold.

"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 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."

Can I be the only person accompanying the child ?. In that case, does POE (port of entry) people care about mother's PR status too ?


Thanks,
Krishna V

Unless health insurance was an issue, you should have let your children been born in this country. That way they are citizens by birth and do not have to worry about immigration issues. I had both my children here for the same reason although it was difficult with rest of the family not being here.

[arizonian]

Originally Posted by ****

Well, that's water under the bridge now. The only thing left is to make the best out of the situation.

Not if he plans to have more.

[krishna_vz]

Thanks to both **** and arizonian for your help.

[hipka]

Originally Posted by arizonian

Unless health insurance was an issue, you should have let your children been born in this country. That way they are citizens by birth and do not have to worry about immigration issues. I had both my children here for the same reason although it was difficult with rest of the family not being here.

What if he wants his childern to be citizens of india? In that case is it possible to give birth in india and bring them to the US as permanent residents?

[pralay]

Originally Posted by hipka

What if he wants his childern to be citizens of india? In that case is it possible to give birth in india and bring them to the US as permanent residents?

Yes, if mother is LPR, one of the parent can bring baby in USA (within two years). The baby will get LPR status at POE. In that situation, baby will get Indian citizenship by birth and US LPR status being a child of LPR parents.

In case of 'krishna_vz', the mother is not LPR (but I-485 pending). That's where trouble started.

[hipka]

Originally Posted by ****

That's what the law mentioned is about.
If the mother is a PR, and a parent (doesn't matter which one, as long as the parent is a PR) travels with the child to the US on that parent's first entry after child birth, and the child is under 2 years, the child becomes a PR right at the border.
In all other cases, the parents would have to file a preference application (Family category 2A), which takes several years. Prime example is the OP's case: the mother isn't a PR.

Thanks Joe and Pralay.
How difficult is it for the child to obtain PR this way? i.e. at the border when one of the parents is a PR? Can this child apply for citizenship just like everyone else after 5 yrs? What about childern born aborad to US citizens. Is it the same procedure?

[pralay]

Originally Posted by hipka

Thanks Joe and Pralay.
How difficult is it for the child to obtain PR this way? i.e. at the border when one of the parents is a PR? Can this child apply for citizenship just like everyone else after 5 yrs?

It's not difficult at all. It's a well-established law and POE officers are aware of this law pretty well.
Only issue I can think of is that the person in airline check-in counter (in India) may not be aware of this law (and can refuse to issue boarding pass for child). It's safer to take a print-out of this law and talk to supervisor if required.

Originally Posted by hipka

What about childern born aborad to US citizens. Is it the same procedure?

Child gets US citizenship. But the procedure is different. Parent needs to report to nearest US consulate and submit FS-240.
Check this link:
http://travel.state.gov/family/famil...birth_593.html

[arizonian]

Originally Posted by hipka

What if he wants his childern to be citizens of india?

Now why would someone want that? If the father has worked hard to come and be in the US, and then apply for permanent residency in the US, it must be for a reason. It is logical to assume that the father would want the children to reap the very same benefits that the father came here for.

[hipka]

Originally Posted by arizonian

Now why would someone want that? If the father has worked hard to come and be in the US, and then apply for permanent residency in the US, it must be for a reason. It is logical to assume that the father would want the children to reap the very same benefits that the father came here for.

If the father feels that his childern would be better off growing up in india then he might want to do it. I know people who headed straight back to india after getting US citizenship.