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Child born abroad to LPR parents

B

Bianca.

New Member
Hello!
I have been a lawful permanent resident since 2022, together with my husband and our 3-year-old son. We are currently living outside the U.S. with a valid two-year reentry permit. While abroad, I gave birth to our second son, who is now 7 weeks old.

From my understanding, for a newborn I only need his passport and we must return to the U.S. within 2 years of his birth. I would like clarification on what happens next regarding his green card. Will he be processed automatically at the port of entry, or do we need to visit a USCIS office in person? How long does it usually take for the green card to arrive (if we need to apply again for a reentry permit, we need to plan ahead).

Also, I’ve read that upon return with the baby, you need to be able to demonstrate that you were outside of USA for less than 2 years if you have a valid reentry permit. However for us it’s gonna be 3 years total (one year waiting for approval + 2 years validity). So are they gonna look at 2 years total or at the validity of the reentry permit?

Thank you in advance for any insight!
 
Suggest you look through this thread for some actual experiences. There are some possible pitfalls to be aware of (sometimes you do have to chase up)
mksree2018

Thread 'GC holder's child born outside US'

Hello,
We both couple and our elder son are GC holders, returned to India in Dec, 2021 with a re-entry permit and our re-entry permit expires in March 2024. We got our second child while in India in May 2022. We would like to return to US before our re-entry permit expires and wondering how to get our second child with us? He will be less than 2 years old by then and does he need any visa to enter US along with us? If so what visa do I need to get him?
Thank you.

Re your re-entry permit question. Technically you can argue till expiry date but do you want to take the chance? The intent behind the REP is to allow absences of up to 2 years. Personally it’s not something I’d chance with the current administration. A REP does not guarantee entry. I assume you’ve been filing your US tax returns while abroad?
 
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