Child born in india to GC holders

[I140helppls]

we are planning to be in india for 2 years and are gc holders. if during the time, we have a kid born in india, what will his status be on our return to the US? we will be re-entering via re-entry permit and we will be india since my company wants me to work from india for 2 years.

i have read that the child will get GC upon arrival. is that true? what will be his procedure for citizenship?

[Triple Citizen]

The child will get a GC at his first entry into the US as long as it is within the first two years after his/her birth. The child will become a citizen when either of his/her parents becomes a citizen.

Originally Posted by I140helppls

i have read that the child will get GC upon arrival. is that true? what will be his procedure for citizenship?

[hannah2]

Yeah, that happened to my cousin and her husband, she gave birth in our home country and after 1 1/2 years they return to US with the re-entry permit. Their child is almost six now and soon will become US citizen too.

[I140helppls]

Guys .. i am a little confused by my lawyer. she told me that my child if born abroad will not get GC at port of entry.. i did some more research and found something that confused me more on murthy.com

Children born abroad after the principal's adjustment date are also entitled to the same priority date and procedure to obtain permanent resident status, if born of a marriage that occurred prior to the adjustment of status. This can be important when the derivative spouse is expecting a baby, but the baby is born after the green card case is approved.

--The paragraph above means that there is some process to follow if u have a kid abroad

Once both husband and wife are permanent residents, they may face the decision whether to have their children born in the U.S. or in the home country. Some people chose to have their children in the home country to be close to their families. Children born abroad to permanent resident mothers are permanent residents, if certain conditions are met. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, which must occur before the child is two years of age. As of this writing, the child in this situation does not need a visa. The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and the child's birth certificate.

however this says that they get a gc at port?


also - will the airlines let us buy tickets for the kid without a visa?

[nelsona]

Processing paperwork and getting GC are not the same thing. They typically don't have the GC-making machine at the airport.

[GotPR?]

Originally Posted by I140helppls

Guys .. i am a little confused by my lawyer. she told me that my child if born abroad will not get GC at port of entry.. i did some more research and found something that confused me more on murthy.com

Children born abroad after the principal's adjustment date are also entitled to the same priority date and procedure to obtain permanent resident status, if born of a marriage that occurred prior to the adjustment of status. This can be important when the derivative spouse is expecting a baby, but the baby is born after the green card case is approved.

--The paragraph above means that there is some process to follow if u have a kid abroad

Once both husband and wife are permanent residents, they may face the decision whether to have their children born in the U.S. or in the home country. Some people chose to have their children in the home country to be close to their families. Children born abroad to permanent resident mothers are permanent residents, if certain conditions are met. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, which must occur before the child is two years of age. As of this writing, the child in this situation does not need a visa. The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and the child's birth certificate.

however this says that they get a gc at port?


also - will the airlines let us buy tickets for the kid without a visa?

Nobody gets GC at the port of entry. Do you think CBP officer can give the plastic card within 15 min after your entry ?
GC must be sent later like immigrant visa case, but your baby is a LPR right after entry.

[I140helppls]

Thanks for the response. so my baby will just enter without a visa right and GC will come later on...

however - will the airlines let me book tickets for him/her if he does not have a visa and will they let the child board the flight?

[GotPR?]

Originally Posted by I140helppls

Thanks for the response. so my baby will just enter without a visa right and GC will come later on...
YOu still need to carry the docs which are required for processing when you enter. I don't know what exactly needs, but birth cert for sure.
however - will the airlines let me book tickets for him/her if he does not have a visa and will they let the child board the flight?

That's only concern. If I were you, I'd talk to airline or consulate and let them write a letter to show at the ticket counter.

[Triple Citizen]

I believe consulates can issue a document called transportation letter for such a need.

Originally Posted by GotPR?

That's only concern. If I were you, I'd talk to airline or consulate and let them write a letter to show at the ticket counter.