Delivering a baby in India during advanced parole

P

pnair2010

New Member
Hello Rajiv:

I am on advanced parole and EAD for the last 3 yrs based on the GC filed on Eb2/Jan2006 by my husband.Our parole gets renewed every year by september 25th.I am due to deliver our baby on
November 15th,2010 and wants to do that in my home in Delhi,India due to health issues.

However my husbands company attorney said it might lead to complications while coming back to US with the baby and she wouldn't recommend it.My questions are

a)What are the process in this scenario that we should be aware of while coming back to US
around March2011) with the baby

b)How can i get a visa for the baby

Youe expertise would be really helpful as we cant plan anything with out getting any concrete answer.

Humble Regards

Parvathy
 
I think your actual problem is (b) - how can you get a visa? The simplest thing I can think of may not be feasible: For your husband to obtain H-1B status at some point in order for the child to be eligible for an H-4 visa and return to the US on that. Otherwise, you can hope that somehow your green card gets approved before you return to the US, which will enable your child to automatically be stamped as a permanent resident when you return, with your green card, to the US. Otherwise, I'm not aware of any special options for newborn children of AOS applicants born abroad. You may have to switch from AOS to consular processing if there is no special option.
 
Thanks JK0274 for your answer ,so what you are saying is that my husband needs to be on H1 to bring the baby back to US ?So are there no ways in getting back the child while you are on AOS ?
 
pnair2010 said:
Thanks JK0274 for your answer ,so what you are saying is that my husband needs to be on H1 to bring the baby back to US ?So are there no ways in getting back the child while you are on AOS ?
Click to expand...

Yes. For once the attorney is right. Have the baby here. What health issues do you have that a delivery in India is better than that in the US?
 
Your baby is not on AOS (yet) and therefore is not eligible for any Advance Parole. Only GC holders who have kids born overseas are able to transmit GC status to their kids and it doesn't work for AOS. Your best bet is to get H1. There is no other visa that specifically addresses your case.

Once the child is born and you still don't have a green card, you can remain in India until your green card is approved and then bring the child.

Why not have the child in the US? Why do you think the US doctors cannot handle your medical situation?
 
Last edited by a moderator:
You must log in or register to reply here.
Top