Can a single LPR father bring child born abroad (via Surrogacy) to the US without Immigrant visa?

S

Sac7550

New Member
Hello,

I am a Single man and expecting a child via Surrogacy abroad. I am also a US Legal permanent resident. Can I bring the child to US after birth and receive a LPR stamp at the point of entry without the Surrogate mother /egg donor being an LPR?

So can a single LPR father bring a child born abroad to the US without an immigrant visa, and transfer his LPR to the child at Point of Entry?

Thank you.
 
I believe that the law curiously only applies to mother LPRs. I recall @abumiqdad had some kind of similar question about LPR father, maybe he will see and respond if he managed to work it out.
I don't know whether the surrogacy adds any extra complications, I guess that depends on the legal situation where the surrogacy pregnancy/birth happens.
 
@Sac7550 : unfortunately not a good news, there is no such provision (from what i have read so far) on LPR father of child born via surrogacy (and the surrogate mother is a NON US PERSON) to be able to get a boarding foil for the child when the child is born abroad. (Read the law i quoted below)

Even in my case, i should have a stronger case to make to my local US embassy (my partner is a US citizen, and not even LPR [the law states US national - which covers US citizen too]), i printed the law, brought the printout to my local US embassy, showed it to them, they took the printout, discussed among themselves for a bit and said "Nope!"

Here is the excerpt of the law i quoted and gave to the embassy

CFR › Title 8 › Chapter I › Subchapter B › Part 211 › Section § 211.1 Visas.
(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."
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https://www.law.cornell.edu/cfr/text/8/211.1

So they interpreted it to be only for LPR MOTHERs (which was unfortunate for me) . Which means, in your case, since the "mother" is not LPR, they would not issue you a transportation letter for the child.

You have to start petitioning for the child after the birth (2 years wait time for LPR). If you need to be there with the child, you should start thinking about getting I-131 re-entry permit (but ruin your citizenship application), OR apply for US Citizenship ASAP if you qualify (but you need to stay in the USA to fulfill the requirement).
 
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Hi, my child will be a Canadian citizen born in Europe, so I do not need a transportation letter to board a flight to the US. My main question is if he can live with me permanently in the US. My other options are to transfer my job to our Seattle office, have my child live 1 hr away in British Columbia with a relative, and visit every weekend.
 
Sac7550 said:
Hi, my child will be a Canadian citizen born in Europe, so I do not need a transportation letter to board a flight to the US. My main question is if he can live with me permanently in the US. My other options are to transfer my job to our Seattle office, have my child live 1 hr away in British Columbia with a relative, and visit every weekend.
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You’d need to get an immigrant visa for the child for him/her to live with you. Easy enough though will take some time.
Depending where in Europe, you may need a custody letter to fly with the child, I would presume you have investigated all legal aspects to do with the child first, even though you apparently did not investigate the immigration requirements.
 
Thanks Susie. I though as much that an immigrant visa will be required for him to live permanently with me. Another option is to do a 6 months in US and 1-2 in Canada...not good for a newborn and I won't like this. Yes, I do have a Power of attorney from the mother to travel internationally with my child.
 
Sac7550 said:
Thanks Susie. I though as much that an immigrant visa will be required for him to live permanently with me. Another option is to do a 6 months in US and 1-2 in Canada...not good for a newborn and I won't like this. Yes, I do have a Power of attorney from the mother to travel internationally with my child.
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So i'd suggest you file an i130 for the child as soon as it is born. You'd have to figure out what to do in the couple of years that it usually takes to get processed.
 
Sac7550 said:
Thanks Susie. I though as much that an immigrant visa will be required for him to live permanently with me. Another option is to do a 6 months in US and 1-2 in Canada...not good for a newborn and I won't like this. Yes, I do have a Power of attorney from the mother to travel internationally with my child.
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Crossing international borders frequently could cause issues, even if you have valid reasoning. Each and every entry into the US is at CBP's discretion, and one officer having a bad day could mess things up.

Besides, such travel for an infant should be avoided if at all possible.
 
while i mentioned "transportation letter" it was referring to the Waiver part of the visa, "transportation letter" would be issued by US embassy, and will be used to get the waiver at Port of Entry.

"Boarding foil" would be another term.

So yeah, the child can live permanently, but you have to use the petition route I-130, which would take 2 years for LPR
 
My options are:

1. Have my child live with my parents in Africa for a couple of years until he gets LPR then move him to Sates.
2. Quit my job in California and move to Canada to find a new job and live with my child there.
3. Relocate to Bellingham WA (my job is field-based, so should be easy), have my child live with a nanny 30 miles away in Canada, and visit every weekend.
4. Have my child live part time in US (6 months) and part time in Africa (6 months) for 2 years...but this will be too stressful for a child, so striking this option out.

Does anyone know if #3 would pose an issue with frequent traveling to see my child across the border? I do not want to convert to a commuter GC if possible.

Thanks.
 
Sac7550 said:
My options are:

1. Have my child live with my parents in Africa for a couple of years until he gets LPR then move him to Sates.
2. Quit my job in California and move to Canada to find a new job and live with my child there.
3. Relocate to Bellingham WA (my job is field-based, so should be easy), have my child live with a nanny 30 miles away in Canada, and visit every weekend.
4. Have my child live part time in US (6 months) and part time in Africa (6 months) for 2 years...but this will be too stressful for a child, so striking this option out.

Does anyone know if #3 would pose an issue with frequent traveling to see my child across the border? I do not want to convert to a commuter GC if possible.

Thanks.
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You have another option, to get a re-entry permit that will allow you to live outside the US for up to 2 years without losing your green card. You can do this while you wait for your child's priority date to become current and i think this is the best option, otherwise you will miss out on major bonding with your child as well as unsettle it tremendously. A second best option is a commuter green card that allows you to live in canada but commute to work in the US every day, which seems a better option for the child than leaving it with a nanny and visiting every weekend. 30 miles is not the worst daily commute, again you can do this until child gets a green card then move to the US properly. I don't know if there are any special preconditions to get a commuter green card. I'm going to add in a value judgement here, that if you go to all the trouble you are of having a child, you have a responsibility to be the best parent you can be, even if it inconveniences you.
 
Thanks all. I’ll probably move back to Canada or Australia. Have family there that can help me take care of my child. I have no family help here in US aside from the immigration roadblock.
 
How about V visa? has anyone tried V visa to bring the baby back to US?

The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course.
 
Molly Lee said:
How about V visa? has anyone tried V visa to bring the baby back to US?

The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents (LPR, also known as green card holders). It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course.
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No.

https://www.uscis.gov/family/family...rmanent-residents/v-visa/v-nonimmigrant-visas
Eligibility Criteria

If you are a permanent resident (green card holder), your spouse, child (unmarried and under 21), or the child of your spouse (your step-child) may be eligible for a V visa if:

  • You filed Form I-130, Petition for Alien Relative, for your family member on or before December 21, 2000. This includes children (unmarried and under 21) listed on the petition.
  • The family member has been waiting at least 3 years since you filed the Form I-130.
 
How about filing I-130 through USC mother (not biologically related, biologically related to LPR father), would it work out?

Can a US citizen petition for a stepchild?
You may file an immigrant petition for a stepchild without having to legally adopt your stepchild. However, please be aware that under United States law, a stepparent and the biological parent of the stepchild must get married before the child turns 18 years old.
 
Molly Lee said:
How about filing I-130 through USC mother (not biologically related, biologically related to LPR father), would it work out?
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Yes (assuming by mother you mean the spouse of the father), though it's not applicable to the OP's case since he's single.
 
hello,

My husband and I are Indian Citizens with Green Card and looking for surrogacy option in India. The plan is, Once the child is born I (LPR mother) will be bringing the child along with me in the first entry.

As per Indian Law, My husband and I will be the legal parent and the child's birth certificate will have our names as parents.

According to USCIS chapter 2, it is stated as below -

In general, absent other evidence, USCIS considers a child’s birth certificate as recorded by a proper authority as sufficient evidence to determine a child’s genetic relationship to the parent (or parents). The child’s parent (or parents) who is included in the birth certificate is presumed to have legal custody of the child absent other evidence.

We're planning to get the boarding foil with the help of birth certificate and board the flight to US. Will there be any issues in that?

If this is not possible, We're planning to apply for green card for our child using F2A category. Under which category it will fall into?

Child was born to parents who were married to each other at the time of birth
Stepchild/Stepparent
Child was born to parents who were not married to each other at the time of child's birth
Child was adopted(not an Orphan or Hague Convention adoptee)

Appreciate if anyone have gone through this process and could please provide any insights into it.

Thank you!!
 
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