Filing for a PM for my newborn baby..

latvian

Registered Users (C)
Hello everyone,

I am a GC holder and I have a 3 months old baby who is a Swedish citizen from my Swedish citizen wife. Is it true that the baby is eligible for a permanent residency (GC) at the point of entry? The baby has entered the US for the first time and I have just read online about the GC at the point of entry which I did not know about when I entered the States with the baby and now I do not know what to do..

Any help would be appreciated.

Thanks in advance..
 
Does the baby's mother have a GC? The mother must be a GC holder at the time of birth in order for the baby to be eligible for instant permanent residence at the port of entry (and there are other conditions).
 
Does the baby's mother have a GC? The mother must be a GC holder at the time of birth in order for the baby to be eligible for instant permanent residence at the port of entry (and there are other conditions).

No actually, the mother is a Swedish citizen and does not have a status in the States but the father is a permanent resident and a GC holder...
 
8 CFR § 211.1 Visas.

(a) General. Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following:

(1) A valid, unexpired immigrant visa;

(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to 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; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

(2) For an alien described in paragraph (b)(1) of this section, recordation of the child's entry shall be on Form I–181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The carrier of such alien shall not be liable for a fine pursuant to section 273 of the Act.
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INA 211 [8 USC Sec. 1181] Admission of immigrants into the United States

(a) Documents required; admission under quotas before June 30, 1968

Except as provided in subsection (b) and subsection (c) of this
section no immigrant shall be admitted into the United States unless at
the time of application for admission he (1) has a valid unexpired
immigrant visa or was born subsequent to the issuance of such visa of
the accompanying parent
, and (2) presents a valid unexpired passport or
other suitable travel document or document of identity and nationality,
if such document is required under the regulations issued by the
Attorney General. With respect to immigrants to be admitted under quotas
of quota areas prior to June 30, 1968, no immigrant visa shall be deemed
valid unless the immigrant is properly chargeable to the quota area
under the quota of which the visa is issued.

(b) Readmission without required documents; Attorney General's
discretion

Notwithstanding the provisions of section 1182(a)(7)(A) of this
title in such cases or in such classes of cases and under such
conditions as may be by regulations prescribed
, returning resident
immigrants, defined in section 1101(a)(27)(A) of this title, who are
otherwise admissible may be readmitted to the United States by the
Attorney General in his discretion without being required to obtain a
passport, immigrant visa, reentry permit or other documentation.

(c) Nonapplicability to aliens admitted as refugees

The provisions of subsection (a) of this section shall not apply to
an alien whom the Attorney General admits to the United States under
section 1157 of this title.
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It appears that you need to file an I-130 and wait for a visa to become available (it may take 3 years). If you believe that you will naturalize prior to the visas becoming available under the F2A category, file seperate I-130's for spouse and child that can be upgraded to IR (immediate relative of a USC) petitions.
 
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No actually, the mother is a Swedish citizen and does not have a status in the States but the father is a permanent resident and a GC holder...

Too bad then ... the baby doesn't qualify, and the mother and baby will have to leave the US no later than the 90 days (or whatever amount of time) they were granted by the officer at the port of entry.
 
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