Child born in India while in GC, but will get the Citizenship soon.

L

luckless

New Member
Hello!
I will have my citizenship hopefully by the end of the year. GC will complete 5 years in June 2011. My wife is in the same boat. Currently she is in India and expecting a kid in March. For medical reasons she can not be in USA for the child birth. How can I get the child back to USA in say
1. within 2 months
2. Or say immediately after I get citizenship. (Is there any advantage doing one way or the other?)
Note that the child is born when we are not citizen.
Appreciate all your help!
 
When an LPR mom gives birth during a temporary trip anroad, she jus brings the child back withg her on her first trip and he is granted a greencard. All he needs is a birth certificate...read 8 CFR 211.1(b)(1)
 
You don't need to rush to bring back the child within 2 months. They allow 2 years after the birth during which the child can be brought to the US with the LPR mother and be granted LPR status upon arrival, provided it's the mom's first trip to the US since the birth (of course, the mother won't be able to stay 2 years outside the US unless she has a reentry permit).

2. Or say immediately after I get citizenship. (Is there any advantage doing one way or the other?)
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No real advantage. Either way the baby will get citizenship when the following two actions are complete, regardless of the order: (1) the baby enters the US in LPR status to live with you, and (2) your naturalization. (of course, I'm assuming you'll get citizenship before the child turns 18!)
 
Jackolantern said:
You don't need to rush to bring back the child within 2 months. They allow 2 years after the birth during which the child can be brought to the US with the LPR mother and be granted LPR status upon arrival, provided it's the mom's first trip to the US since the birth (of course, the mother won't be able to stay 2 years outside the US unless she has a reentry permit).


No real advantage. Either way the baby will get citizenship when the following two actions are complete, regardless of the order: (1) the baby enters the US in LPR status to live with you, and (2) your naturalization. (of course, I'm assuming you'll get citizenship before the child turns 18!)
Click to expand...

Thanks a lot. Your response has been immensely helpful. Assuming I will have my citizenship by the end of 2011 and we get the child back to USA before that with LPR status, how the child's citizenship works out, is it going to be the same deal of waiting for five years before the child can apply for citizenship.
Appreciate your help again!
 
luckless said:
Assuming I will have my citizenship by the end of 2011 and we get the child back to USA before that with LPR status, how the child's citizenship works out, is it going to be the same deal of waiting for five years before the child can apply for citizenship.
Click to expand...
Assuming that the child will be living in your legal and physical custody after entering the U.S., the child will automatically become a U.S. citizen once you are naturalized and the child receives a GC (it does not matter in which sequence).
See the Child Citizenship Act info for details: http://travel.state.gov/visa/immigrants/types/types_1312.html
At that point you will be able to file N-600 for the child and to apply for the child's U.S. passport.
 
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