my question is i am a us citizen and my wife is from india and she is a green card holder. i lost my job and i dont have any helath insuance . my wife is pregent my question is i have plan to send her to india and deliver the baby in india.is it hard or take long time to bring my baby and wife to bring it back to here or it's stupid idea. so please somebody help me on this matter.
Read INA 301 on the
www.uscis.gov site on the Laws tab. See if your child will be a USC born abroad based on you already being a citizen. IF yes, apply for an FS-240 and U.S. Passport in India, have your wife get a re-entry permit before leaving. If the child is NOT a USC at birth, have her bring him back on her first trip. The child will need a passport from whichever country.
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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;
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(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.