deadline for reentry and baby's stay overseas

[canon18]

I obtained my green card back in February 2002 and my wife got hers in February 2003. Before my wife was sent to another country by her company in August 2004 for business purpose, she applied for N- 470 and reentry permit which were approved around December that year. I also joined her overseas that year and, in June 2005, she gave birth to our baby girl.

We plan to come back to US sometime this year so that we can accumulate enough months to qualify for naturalization purpose. If I move back to US first this month, when is the latest time that my wife has to come along with our baby? Please note that she left US in August 2004, but her reentry permit expires in December 2006. For the baby to obtain a LPR stamp on her passport, is it fine for her to enter US for the first time being accompanied by one LPR parent (her mom) only?

After our baby's first entry, we plan to send her back to our home country to be taken care of by her grandparents. As we would like to apply US passport for our baby once I get naturalized, just wonder if she must come back to US before my citizenship interview or before the oath ceremony? If she stays in China beyond the oath date, what is the implication on her LPR status and future naturalization?

Gurus, your advice or opinions are highly appreciated, as we have to arrange for the trip soon.

 

[alassea]

I'm no guru, but I'll try to answer and help as best as I can.

We plan to come back to US sometime this year so that we can accumulate enough months to qualify for naturalization purpose. If I move back to US first this month, when is the latest time that my wife has to come along with our baby? Please note that she left US in August 2004, but her reentry permit expires in December 2006.

The latest time would be before the expiration of your wife's re-entry permit (still within the two years of your child's birth since your wife gave birth June of 2005). Form N-470 lets your wife maintain continuous residence for naturalization purposes even if she remained outside the U.S. for more than 12 months.

For the baby to obtain a LPR stamp on her passport, is it fine for her to enter US for the first time being accompanied by one LPR parent (her mom) only?

Yes, provided it is the mother's initial return to the U.S. (following the birth) and within two years of the child's birth. She must have child's birth certificate or other documentation proving child's identity and child-parent relationship at POE.
Also, and this is from CBP webite: because of increasing incidents of child abductions in disputed custody cases and as possible victims of child pornography, Customs and Border Protection strongly recommends that unless the child is accompanied by both parents, the adult (parent accompanying the child) have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, or friends, a note signed by both parents) stating "I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter. He/She/They has my permission to do so."
CBP also suggests that this note be notarized. While CBP may not ask to see this documentation, if they do ask, and you do not have it, you may be detained until the circumstances of the child traveling without both parents can be fully assessed.

After our baby's first entry, we plan to send her back to our home country to be taken care of by her grandparents. As we would like to apply US passport for our baby once I get naturalized, just wonder if she must come back to US before my citizenship interview or before the oath ceremony? If she stays in China beyond the oath date, what is the implication on her LPR status and future naturalization?

Please check Child Citizenship Act of 2000 or FAQs about Naturalization on USCIS website.

Disclaimer: Not a legal advice. Please use at your own risk. It is best to seek counsel from qualified and certified immigration attorneys.

 

[canon18]

Thank you very much, Alassea. Helpful people like you and JoeF make this forum so valuable to many of us.

Another question: After returning to the states, once I meet the mimimum three months of residency in a state, I will be able to file the N400 at the corresponding service center. However, what will be the impact on my citizenship if I have not found a job by the time when I file the application, or even worse, when I go to the interview?

 

[alassea]

However, what will be the impact on my citizenship if I have not found a job by the time when I file the application, or even worse, when I go to the interview?

Please check the first paragragh of Mr. JohnnyCash's post here about a similar topic. It is a much more detailed and informative answer than I can provide.

Hope it helps.

Disclaimer: Not a legal advice. Please use at your own risk. It is best to seek counsel from qualified and certified immigration attorneys.

 

[EricS]

This is more of a question, answer if you want to:
If I read the post correctly, both the parents are LPRs and the child was born overseas. I know if the child is born overseas and any one parent is a US citizen, then the child gets the US citizenship by birth, but from the posts, it seems like if both the parents are LPR and the child is born overseas, the child gets some kind of status to enter the US. What is that status, LPR or something else? Is there any such provision?

 

[query11]

canon,welcome back...jez a lil surprse joe f got banned from this forum! have fi
uscis does not care if u r unemployed while applying for n400 as long as u have filed taxes...

Thank you very much, Alassea. Helpful people like you and JoeF make this forum so valuable to many of us.

Another question: After returning to the states, once I meet the mimimum three months of residency in a state, I will be able to file the N400 at the corresponding service center. However, what will be the impact on my citizenship if I have not found a job by the time when I file the application, or even worse, when I go to the interview?

 

[alassea]

Is there any such provision?

Yes. From 8 CFR Sec. 211.1:

"(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. (2) For an alien described in paragraph (b)(1) of this section, recordation of the child's entry shall be on Form I-181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The carrier of such alien shall not be liable for a fine pursuant to section 273 of the Act."

Disclaimer: Not a legal advice. Please use at your own risk. It is best to seek counsel from qualified and certified immigration attorneys.

 

[EricS]

Yes. From 8 CFR Sec. 211.1:

"(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 ........
.

Thank you Alassea for this information!