Baby born in India while I-485 is pending.

[atmani]

Thanks for serious reply. Got EAD and FP, but I-140 and I-485 are in progress for my wiife & I. We are planning for our baby birth in India.
1. Is there any procedure to bring the baby here & apply I-485 with my application?
2. Meantime if our I-485 is approved, what is the procedure?
Thanks for sharing your experience or knowledge.

 

[ginnu]

Thanks for serious reply. Got EAD and FP, but I-140 and I-485 are in progress for my wiife & I. We are planning for our baby birth in India.
1. Is there any procedure to bring the baby here & apply I-485 with my application?
--if you are on H1 status then baby will get H4 visa once comes to US file I-485.
2. Meantime if our I-485 is approved, what is the procedure?

----- I dont remember the law or link I read some where that if your wife gives birth out side and she is GC holder and if brings the baby to US in 2 years and it has to be your wife first trip after birth then baby gets GC , talk to your lawyer or others may help you.
** rember your wife should not go out of US with out approved AP in hand , if she has valid H4 visa after baby birth(and you maintain H1 status) when she comes back then no need of AP
* better she should apply for AP and depart once AP is approved if you are not on H1 status
Thanks for sharing your experience or knowledge.

 

[Jharkhandi]

For point 2:

Check:

8 CFR 211.1(b)(1) & (2):


(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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Ginnu Bhai,

Sab theek to hai na? Ek baat bata yeh Mumbai jo CP liye ja raha hai -aur jo hotel tumne bataya hai - usme vada paav milenga kya?

 

[TheRealCanadian]

Yes, but this only applies to parents who are PRs, not adjustees.

 

[tammy2]

Thanks for serious reply. Got EAD and FP, but I-140 and I-485 are in progress for my wiife & I. We are planning for our baby birth in India.
1. Is there any procedure to bring the baby here & apply I-485 with my application?
2. Meantime if our I-485 is approved, what is the procedure?
Thanks for sharing your experience or knowledge.

Is Your H1 is still valid?

I heard from some one that newborn child can enter US with a transportation letter issued by the Consulate. It is issued on the Humanitarian grounds. Call the US Consulate in your country.