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

GCRAD said:
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!!
Click to expand...

not a DIY situation. Get appropriate legal advice.
 
GCRAD said:
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!!
Click to expand...
Well, it doesn't hurt to try to get the transportation letter (boarding foil) first.
 
Hello,
Planning to get surrogacy done outside of US. Both husband & wife are Indian citizens with LPR (Green card) status in US. What options are there to get the child/children back to US & get them GC at the port of entry.

Birth certificate will have our names are parents.
Get transportation letter/boarding foil from US embassy.
Any other documentation.

Only challenge we have is due COVID-19 situation we are unable to return within 6 months. So, we are planning to apply for re-entry permit before leaving US & this will provide us additional time if we require. Any other suggestions.



Thanks,
 
@GCRAD, @GCDREAMER01 - Did you guys find out any info through legal advice? I'm in the same boat for next year and will be going through legal advice but thought if someone had real-life experience then that would be helpful... Please share..
 
Hi,

What is your story?

I didn't go to embassy to get a "Boarding Foil" as most people here and attorneys on the website "Avvo" said this is only reserved for LPR mothers. LPR father cannot get a Boarding Foil which allows the child to be admitted as an LPR. I did contact DHS who said either parent must be LPR and bring the child to US. I did not want to risk it, since I have another option to bring my child to US.

Fortunately, my son derived Canadian citizenship from me. After all DNA test and process to get his Canadian citizenship, he got his Canadian passport and was admitted to US on B1/B2 status. After 90 days on B1/B2 status, I applied for Adjustment of Status. I had already applied for his I-130 a week after birth to be in line since this takes about 2-years to get approved.

Once I know your story, I will be able to share more detail/advise.

Regards.
M.
 
@GCRAD, @GCDREAMER01, I hope you are able to move forward with your plans. Your post caught my attention while i was doing my research about surrogacy from India. After years of failed attempts me and my husband we have moved on with our plans with surrogacy. We are Indian and Green Card holder. I spent sometime in India and also took legal advice. However now it is time I know more about brining my child back home in California. I have started doing my due diligence although I have a long way to go. I am looking for information from people who had actually gone through the process. I know this is a long and stressful topic and writing back on this to a stranger with information may not be your priority. I totally understand that. However if you want to share your experience i will be grateful to you. Sharing an email where i can be reached prafullabaruah36@gmail.com. I would like send you my best wishes. And thanks for your time - JB
 
@ GB1969,

Mother's genetic material is required for the baby. If that is the case, then you require birth certificate with father & mother's name. At the port of entry you will need to show birth certificate, baby's passport & CBP will provide the GC stamp in your baby's passport after secondary inspection.

Good Luck in your journey.
 
@Sac7550, could you please let us know how did it all work out for you? You mentioned you brought your child to the US and applied for adjustment of status. What was the timeline to get a green card? Did you encounter any issues?

I am in a similiar boat as I will be a single father and I am trying to find a way to bring a child born abroad to the us (I am green card holder but can't apply for citizenship yet).
 
My wife and I are Indian Citizens with Green Card and looking for surrogacy option outside USA. The plan is, Once the child is born we (LPR parent) will be bringing the child along with us in the first entry. We are not going to use donor eggs or sperms and child's birth certificate will have our name as parents. Our child will have Indian passport.

So can you share the process from the time you board the flight to USA and then at the port of entry in USA? Can our child board the flight with just indian passport or there are more documents needed? At the port of entry in USA should we expect the officer to stamp temporary green card (I-551)? What documents are needed at the port of entry in USA?
 
Parom said:
@Sac7550, could you please let us know how did it all work out for you? You mentioned you brought your child to the US and applied for adjustment of status. What was the timeline to get a green card? Did you encounter any issues?

I am in a similiar boat as I will be a single father and I am trying to find a way to bring a child born abroad to the us (I am green card holder but can't apply for citizenship yet).
Click to expand...
It took about 1.5yrs to get the green card and we didn’t encounter any issues.
 
"*Pursuant to 8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):
(1) A waiver of the visa required in paragraph (a) 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 noncitizen, 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."

As far I understood, there are two possible criteria.
1) one of the parents is a LPR and the child was born after the issuance of an immigrant visa, the newborn is eligible for the waiver.
OR
2) A mother LPR having the newborn overseas is eligible for the waiver as long admission is made within 2 years.

Pay attention that the first criteria it says "parent". It does not say mother.

Any updates? thoughts?
 
Parom said:
@Sac7550, could you please let us know how did it all work out for you? You mentioned you brought your child to the US and applied for adjustment of status. What was the timeline to get a green card? Did you encounter any issues?

I am in a similiar boat as I will be a single father and I am trying to find a way to bring a child born abroad to the us (I am green card holder but can't apply for citizenship yet).
Click to expand...

Any updates on the rules? Any case of sucess of LPR single father bringing his newborn?
 
David111 said:
My wife and I are Indian Citizens with Green Card and looking for surrogacy option outside USA. The plan is, Once the child is born we (LPR parent) will be bringing the child along with us in the first entry. We are not going to use donor eggs or sperms and child's birth certificate will have our name as parents. Our child will have Indian passport.

So can you share the process from the time you board the flight to USA and then at the port of entry in USA? Can our child board the flight with just indian passport or there are more documents needed? At the port of entry in USA should we expect the officer to stamp temporary green card (I-551)? What documents are needed at the port of entry in USA?
Click to expand...
Hi, did you ever go through this and would be open to sharing your experience? We are in the same boat and any advice would be helpful.
 
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