Child born overseas to permanent resident parents

V

vishaldamani

New Member
Background: We (myself and my wife) are permanent residents of USA. My wife is pregnant, and we are having the baby in another country. After child-birth, we want our child to get permanent residency in the USA.

We are told that an INS (BCIS) regulation outlines that a baby born abroad to permanent resident parents will be granted permanent resident status on entry (1) provided the baby returns with a parent on that parent's first entry following the birth and (2) provided that the entry is within two years of the birth.

Therefore, we have the following questions -
* What is the name of the INS (BCIS) regulation that outlines the above-mentioned rule for a child to get permanent residency in the US?

* Should the child be accompanied by any one of the parents? Or do both parents have to accompany the child?

* Airline officials verify proper US visa documentation before allowing an individual to commence US-bound travel. What documentation do we need to prove to the Airlines that our child does NOT require a visa to travel to the US?

Thanks,
- Vishal
 
I am in a same boat

Vishal,

I am also having same problem. Myself & wife got GC on Oct 2002 and then we moved to India. Now we got our baby in March 2003. We are planning to go to USA this year with our baby.

Did you get any letter from Counsulate before boarding the plan?What are all other problems did you face?

Could you please help in this regard? Please mail me at <pmurugs@hotmail.com>

Thanks,
-Murugs.
 
I have done this. Our baby is born in India. The airlines knows about this rule and the immigration officers in the airport also knows both in the departure country and USA. It is not a problem at all. If you get a letter that would helpful. For us no one asked for the letter from consulate. You need the birth certificate for the baby. If you have immigration style photo for the baby that would be helpful. otherwise they will take in the airport. Good luck.
 
It should be quite simple. All you need is the child's birth certificate and an English translation, if necessary. I would also find the relevant info on the INS website and print out a hard copy, just in case.
 
Joef

I was talking to the link in this thread for child born outside US.

I tried to replace immigration with bcis - still does not work.

Thanks
 
How long will the baby have to stay in the US say if the father (GC holder) enters first time after baby is born? How much time does it take for the baby to get the green card? I would like to send the baby back to the mother to take care of the child as my wife has a B 2 visa that allows only max 6 months stay per visit.

Thanks for any info on this.
 
Joef

I finally found the link - any idea how the child gets the GC now? Is it automatic or you would need to apply for him as a dependent and it goes into the loop? The trouble with the second scenario - is there going to be a problem if the child leaves US before he/she gets GC?


Thanks
 
I got GC for my baby born outside USA

Me & my wife had GC in 2001 and we moved to India in 2001 after that we got baby in 2003 Feb. In 2003 Oct we went to USA using our GC. At port of entry, our baby got I-551 stampted. The immigration officer said from Texas service center letter will be devivered to USA postal address with A#. Following that within 1 year our baby will receive plastic card.

After 3 weeks, now we received a letter saying that within another 3 weeks, they will mail the plastic card.

We are expecting GC for our baby now.

Nice experience with tension.!!

BTW, It's always better to carry a letter from US counsulate for not having visa for baby while traveling. Lot of airline people don't know this rule. I showed the print out of e-mail received from Chennai counsulate at chennai airport & Frankfurt airport.

Thanks,
-Murugs.
 
Murugs ,

Could you please let me know how to get a letter from US counsulate ?

No need to apply any visa in India for baby??? Just a passport is enough??

sorry for asking many questions... please let me know what all things we have to do and any link regarding this info...
 
Here is mail from "Chennai, IV" <ChennaiIV@state.gov>

Your child will not require an immigrant visa to enter the United States provided the following conditions are met:
· The child must have a separate passport and a birth certificate from the Corporation, Municipality or a Registrar of Births and Deaths. Hospital records are not adequate.
· The Child must accompany the immigrant mother (or the father) upon her/his first return to the United States following the birth of child. The child must be under the age of two years.
· The immigrant mother (or the father) must have a valid Form I-551 or I-151, Alien Registration Receipt Card (better known a Green Card) or Form I-327 (permit to Re-enter the United States) valid for two years from the date of issue.

If you meet the above requirements your child may accompany you to the United States without a visa.
Following your admission you should, however, contact the nearest office of the Immigration and Naturalization Service.
 
Murugs ::

The immigrant mother (or the father) must have a valid Form I-551 or I-151, Alien Registration Receipt Card (better known a Green Card) or Form I-327 (permit to Re-enter the United States) valid for two years from the date of issue
----------

From where do I get the above form..???


JoeF ::
If frontline personnel doesn't, go up the command chain. It also helps to have a letter from the consulate stating that the child doesn't need a visa.

From which consulate we have to get a letter ???


Thanks in advance....
 
Need Advice

My wife is GC holder. Our children (twins) born outside. They entered US, using a B1/B2 Visa, when they had 1 1/2 years. Here is the problem.

We came same day same fligth but we used different lines to make immigration. My wife took the citizen line and I took the visitor line along with my chidren. We were more concerned about the fact that my wife had more than two years outside US however she had a re-entry permit.

Is there anything still I can do? At this time, our children have 4 years. I got the PR card (after six long years).

Any advice will be appreciated.

Thank you.
 
Last edited by a moderator:
Implications of chosing to have the baby birth overseas

My wife and I are Green Card holders since April 2002. We are expecting our first child August, 2005. We are evaluating our options of having a baby born Overseas Vs having a baby born here as a citizen.
We want to be citizens of USA eventually. However, my questions are as follows:
1. What happens to my wife's GC, if she ends up staying for more than 6 months? ( I will travel for shorter periods)
2. What is the process for getting the GC status for the baby
3. What would be the impact on my wife becoming a naturalized citizen down the line? Would there be delays?
4. What are disadvantages of a baby being a naturalized citizen Vs being a born citizen.

Any ideas?

Thanks
 
ukumar said:
What are disadvantages of a baby being a naturalized citizen Vs being a born citizen.
Click to expand...

1. Can not run for president/vice president office
2. Always have to keep that certificate of nationalization/citizenship
(which I heard there is no replacement if lost) while born citizen
only need to keep certified copy of birth certificate (which you can get
as many certified copies as you wantr from state health dept)
 
AmericanWannabe said:
2. Always have to keep that certificate of nationalization/citizenship
(which I heard there is no replacement if lost) while born citizen
only need to keep certified copy of birth certificate (which you can get
as many certified copies as you wantr from state health dept)
Click to expand...

Not true, you can get replacement certificate of naturalization but it takes time and money. The form to use is N-565, Application for Replacement Naturalization/Citizenship Document.
Better option is to get a passport, it is easier to replace a lost or expired passport, again for money.
 
Adopting a child outside US

Hi,

I have a question: We are planning to adopt a baby from India. Myself and my wife both are permanent residents (GC approved on March 9, 2005).

What is the process to get the baby here. Does the same logic apply for adopted child also (getting I-551 stamping at PoE).

Can you please let me know about that.

Thanks,
Vidyakalyan
 
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