Coming back to US after 15 months from last departure

[ociakp]

Hi,

My child, who is a minor (under 14 years), is out of country (USA) for more than a year due to study. He is a GC holder (he's been a GC holder since 2001 and has stayed continuously in USA for around 5.5 years in GC), but doesn't have any re-entry permit (never applied the re-entry permit). He was supposed to be back to US within a year after his last departure in Jan'07, but couldn't do so due to some personal issues. We are planning to bring him back to US permanently after the final exam is over in next month, but it would be around 15 months from his last departure when he comes back to US. Will there be any problem upon his entry as he doesn't have the re-entry permit? Does the re-entry permit rule applicable to minor as well? Please let me know what are my options here. Would it help if he travels with me (I have got US citizenship)?

Please treat this a little urgent and provide your feedback.

TIA,
Ajaya

[Mr Vertigo]

Without a re-entry permit, technically he has abandoned his GC. I guess you could make the case that as a minor he can't make that decision, but it's gonna be tough. Sorry and good luck to you.

[ociakp]

Originally Posted by Mr Vertigo

Without a re-entry permit, technically he has abandoned his GC.

I guess you could make the case that as a minor he can't make that decision, but it's gonna be tough. Sorry and good luck to you.

Thanks for the reply! Just curious if I have to talk to USCIS about this now or wait till the child arrives in April and request the Immigration Official (that as a minor he can't make that decision) at the Airport?

Has anyone got any such experiences involving minor? Do they allow kids to enter without reentry permit?

Or, should I apply for SB-1 visa? How long does that take?

Thanks again!

[GCman2005]

it is better to fly with him and explain only if asked or needed, why he wasnt able to come back in time.

[mmed]

Have you applied for citizenship or not yet?

[ociakp]

Originally Posted by GCman2005

it is better to fly with him and explain only if asked or needed, why he wasnt able to come back in time.

Thanks for the response!

Is there any chance that his GC would be invalidated due to the longer stay? He can't come before 15 months.

Any advise on what kind of supporting documents I should carry to explain the situation if asked? Both the parents of the kid live in US. Would that be a plus point for him to get entry? In worst case scenario, do they deny entry to kids?

I don't know anything about the SB-1 visa. Is it worth applying just to be in safe side?

Sorry too many questions...

[ociakp]

Originally Posted by mmed

Have you applied for citizenship or not yet?

Did you mean the citizenship for the kid? If so, then not yet. I do have citizenship. Can I apply the citizenship when the child is not in the US? How long that typically takes for the minor children? Is that a possibility in my case?

Thanks!

[Triple Citizen]

When did you become a citizen and did the child have a GC at that time?

Originally Posted by ociakp

I do have citizenship. Can I apply the citizenship when the child is not in the US?

[ociakp]

Originally Posted by Triple Citizen

When did you become a citizen and did the child have a GC at that time?

Thanks for the reply. I became a US citizen in Dec'2006 and my child had completed 5 years of continuous stay in US on GC at that time. Would this help anyways?

[Mr Vertigo]

Originally Posted by ociakp

Thanks for the reply. I became a US citizen in Dec'2006 and my child had completed 5 years of continuous stay in US on GC at that time. Would this help anyways?

Was he living with you at the time? If so, he may have become a citizen already.

[Triple Citizen]

Your child should be able to obtain a US passport based on your naturalisation and his GC status.

Originally Posted by ociakp

Thanks for the reply. I became a US citizen in Dec'2006 and my child had completed 5 years of continuous stay in US on GC at that time. Would this help anyways?

[ociakp]

Originally Posted by Mr Vertigo

Was he living with you at the time? If so, he may have become a citizen already.

That's correct - he was with me when I took the citizenship but we never applied for his citizenship (and US passport). On a related note, I also talked to an Immigration Attorney this morning and he suggested to travel with some papers which may help.

Thanks to all for all the responses!!!

[mmed]

Originally Posted by ociakp

Did you mean the citizenship for the kid? If so, then not yet. I do have citizenship. Can I apply the citizenship when the child is not in the US? How long that typically takes for the minor children? Is that a possibility in my case?

Thanks!

He is already a citizen from that day.

[ociakp]

Originally Posted by mmed

He is already a citizen from that day.

Sorry, I don't understand this. How can he be a citizen when we haven't applied yet? Does that mean that he will simply be fine upon his entry to USA? Also, will there be any problem at the port of departure (India)?

Thanks!

[Mr Vertigo]

Originally Posted by ociakp

Sorry, I don't understand this. How can he be a citizen when we haven't applied yet? Does that mean that he will simply be fine upon his entry to USA? Also, will there be any problem at the port of departure (India)?

Thanks!

The Child Citizenship Act of 2000, provides for a minor whose parents naturalize and who holds a GC and lives with them at the time to automatically become a citizen. Your son became a citizen the moment you became one, as he is deriving his citizenship from you. All he needs to do is apply for a passport and, if you so wish, N-600.

[Triple Citizen]

Take him to the nearest US consulate. Show them his BC, his GC and your naturalisation certifcate. They should issue him a US passport.

Originally Posted by ociakp

Sorry, I don't understand this. How can he be a citizen when we haven't applied yet? Does that mean that he will simply be fine upon his entry to USA? Also, will there be any problem at the port of departure (India)?

[Jackolantern]

Originally Posted by ociakp

Sorry, I don't understand this. How can he be a citizen when we haven't applied yet?

His citizenship itself is automatic based on your circumstances. What is not automatic is proof of citizenship in the form of a passport or N-600 certificate.

[ociakp]

As getting the citizenship for him (my son) will take some time, I was wondering if there will be any issues with bringing him without the reentry permit? I will accompany him. What should I do if we run into any issue? Please share your experience or suggestions. Thanks!

[Triple Citizen]

I actually think the nearest US embassy will issue your son a passport in one day. His citizenship is not in question. You are just obtaining proof of his citizenship.

Originally Posted by ociakp

As getting the citizenship for him (my son) will take some time

[mmed]

Originally Posted by ociakp

As getting the citizenship for him (my son) will take some time, I was wondering if there will be any issues with bringing him without the reentry permit? I will accompany him. What should I do if we run into any issue? Please share your experience or suggestions. Thanks!

You will not get citizinship for him, he is already a citizen without passport. What he need is a passport from any embassy overseas. He is not GC holder anymore from the day of your citizenship approval.

[ociakp]

Originally Posted by mmed

You will not get citizinship for him, he is already a citizen without passport. What he need is a passport from any embassy overseas. He is not GC holder anymore from the day of your citizenship approval.

How long normally it takes to get this type passport from India? Is it risky to come with the GC now?

[Jackolantern]

Originally Posted by ociakp

How long normally it takes to get this type passport from India?

Call the nearest US embassy in India.

Is it risky to come with the GC now?

Yes it is risky. They probably will eventually let him in, but that could be after detaining him and interrogating you in the back room. Avoid that trauma and drama by getting him a passport before flying back to the US.

[Mr Vertigo]

There's only one embassy in India. You need to call the nearest consulate.

[cafeconleche]

He cannot travel on his Indian passport anymore, and his GC is technically not valid either.

[rambabu123]

#12 14th April 2009, 05:21 PM
rambabu123
Registered User Join Date: Jan 2006
Posts: 41

I have my son studying in India when got his GC. He came to US and stayed one month and went back to India to complete his course. Now, we want him in US since he completed his course. Now he is in out side of US one year and 5 days.

After going through the forum for same kind of situations, I'm worried now about his re-entry. Can you guyz please help me what options can help me to bring my son US. My wife and other kid lives in US. He is now 16 years. Your help is really appreciated.