Child born outside the U.S. of legal permanent residents

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santo

Registered Users (C)
1. What documentation is required for a child born outside the U.S. of legal permanent residents to come back to the US? Parents are both having legal permanent resident status, mother wish to deliver while in her home country.

2. What will be the status of the child upon entry to the US along with the parents? US Citizen or legal permanent immigrant?

3. If there are any official websites describing this kind of cases, please let me know.
 
Good answers, JoeF. I have nothing to add. You have answered it correctly and concisely. Keep up the good work.



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Vote Bush '04
 
JoeF said:
........
If a child born to PRs abroad enters the US within 2 years after birth with a parent and it is that parent's first entry to the US after birth of the child, the child becomes a PR at the POE.
Other than the immigration laws, not that I'm aware of.
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Thank you JoeF, for the straight answers. I guessed that the child cannot be a citizen. I was thinking the child would get some kind of NIV status, like the K/V visa to be followed by some USCIS paperwork.

PR at the POE is interesting....any kind of tedious, slow paperwork (I-485 like) follows that?

Anyone knows the exact immigration rule/law cite?

Anyone with direct experience knows what kind of visa/ documentation is required for child while transiting a third country?

Thanks in advance.
 
unitednations said:
........ [Author's note: 8 CFR §211.1(b)(1) waives the requirement of an immigrant visa under certain conditions for "a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa[.]"]

http://www.ilw.com/lawyers/articles/2004,0810-shea.shtm
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Thanks a bunch 'unitednations'! Exactly what I was looking for.....If anyone is looking for the CFR cite, here's the link. It also says airlines are not liable for any fine for bringing in the immigrant without an IV.

http://a257.g.akamaitech.net/7/257/...ess.gpo.gov/cfr_2004/janqtr/pdf/8cfr211.1.pdf
 
Last edited by a moderator:
dsfgh100 said:
Good answers, JoeF. I have nothing to add. You have answered it correctly and concisely. Keep up the good work.
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Vote Bush '04
Click to expand...

:eek: :eek: :eek: :eek: :eek: :eek:

nanananana....nanananana...nananana...Joe and dsfgh are friends again...nanananana...nananana... :cool:
 
JoeF,

I had the same question and I sent and email to the American Consulate General in India. Please see below their reply. Everything you mentioned is similar their answer except the last part.
" Following your admission you should, however, contact the nearest office of the United States Citizenship and Immigrations Services (former INS)."

Rajiv Khanna has answered the same question in FAQ (A171) (I have pasted below)

" ....Following admission to U.S contact the nearest BCIS office to regularize the stay of the child in U.S. "

Any comments JoeF. What do they mean .. Apply adjustment of status for the child ..?

If they stamp the child's passport at the POE, that is the best.. I don't have to go to BCIS office.

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American Consulate General's Answer

Your child will not require an immigrant visa to enter the United States provided the following conditions are met:
· The child must have a separate passport and a birth certificate from the Corporation, Municipality or a Registrar of Births and Deaths. Hospital records are not adequate.
· The Child must accompany the immigrant mother (or the father) upon her/his first return to the United States following the birth of child. The child must be under the age of two years.
· The immigrant mother (or the father) must have a valid Form I-551 or I-151, Alien Registration Receipt Card (better known a Green Card) or Form I-327 (permit to Re-enter the United States) valid for two years from the date of issue.

If you meet the above requirements your child may accompany you to the United States without a visa.
Following your admission you should, however, contact the nearest office of the United States Citizenship and Immigrations Services (former INS).

Visa Information Unit
American Consulate General
220, Anna Salai
Chennai 600 006
India
Phone - 91-44-28112060(dir), 28112000(board)
Fax - 91-44- 28112020, 28112027
Website - http://chennai.usconsulate.gov
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RAJIV KHANNA's Answer

A171
Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called green card), or Form I-327 (permit to re-enter the U.S.) valid for two years from the date of issue. If the above are satisfied then the child may accompany you into U.S without a visa.

Following admission to U.S contact the nearest BCIS office to regularize the stay of the child in U.S.
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JoeF,

Based on your answer, it sounds like I may have to visit the local CIS office just to get the stamp and I don't need to apply I-485 for the child at all.
 
Actual Experience of bringing a child born overseas to LPR parents

Do any one has actual/recent experience bringing back such a baby born outside to LPRs?
 
An interesting question that arises is, "How long the SAME child has to wait to get citizenship? Is it 3 years or 5years.?" ( I can not undrestand why CIS makes some PRs wait for 3 years while some need to wait 5 years, does not make sense)
 
Avalon said:
An interesting question that arises is, "How long the SAME child has to wait to get citizenship? Is it 3 years or 5years.?" ( I can not undrestand why CIS makes some PRs wait for 3 years while some need to wait 5 years, does not make sense)
Click to expand...

The child will become citizen automatically when the parents are naturalized, provided the child is not more than 14 years old at that time. Hopefully the parents will be naturalized before then and the child does not even have to wait 5 years.
-NS
 
North Star

This is something new for me. Thanks for the info. Does this apply for child under 14 for all PRs? I mean let us say I get GC as of Oct 1, 2004. That means I am elgible for citizenship as of Oct 1, 2009 (actually Sep 30, 2009 and whatever but let us keep this simple). My child ( a PR) who will be age 14 on Oct 2, 2009 (but is under 14 as of Oct 1, 2009), could become citizen without filing?

(Guideline-
-PR obtained on Oct 1, 2004 - for parent as well as child
-Child's birthdate Oct 2, 1995
-Parent applies for citizenship on Oct 1, 2009, one day before child becomes 14
-Child becomes age 14 on Oct 2, 2009.
)
 
oh no that child will probably have to file separately

but given the same example the child is also eligible and will probably become citizen at the same time as the parents.

the only difference is an additional application and addition fee charged.

to answer someone's question about why 3 years and why 5 years. The law about 5 years residence goes back a long ways in the history of immigration to the united states. In fact in most other countries about 5 years permanent residence is all the qualification you need to apply for citizenship.

Now from what I understand only pr married to usc gets to apply after 3 years.

the law just for married couples to 3 years has been a relatively recent addition. it use to be that once you married a US citizen you almost instantly became citizen. So this was done as a nice little compromise.
 
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