I came in USA on Nov15'2004 on Permanent Resident VISA after winning DV-2004 lotterry. My permanent residence visa will expire on Dec06'2004. I am having an emergency and I need to go back to my home country. I have't got my Green Card yet. It will not arrive me before I leave USA. I want to re-enter USA 1/2 months AFTER Dec06'2004. Will I be allowed to re-enter USA using the expired immigrant VISA? OR I need to have some special permission before I leave USA.
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Do I require Re-entry permit?
- Thread starter cstsouth
- Start date
here it is: when you entered the U.S. on your immigrant visa you received a I-551 stamp in your passport. It is your GC until your plastic arrives. You can leave the U.S. and come back without any re-entry permits within a year, using your I-551 stamp in your passport.
If you leave for more than a year, you have to apply for re-entry permit before you leave the country and have proof (just in case) that you were IN the U.S. while applying for reentry permit.
Now, if you don't have I-551 stamp in your passport, there is something wrong, make an Infopass appointment at your local BCIS office immediately and get that stamp.
If you leave for more than a year, you have to apply for re-entry permit before you leave the country and have proof (just in case) that you were IN the U.S. while applying for reentry permit.
Now, if you don't have I-551 stamp in your passport, there is something wrong, make an Infopass appointment at your local BCIS office immediately and get that stamp.
How a new born baby will get immigrant VISA
All of my family member's VISA got stamped I-551. Now if I go back to my country and have a new born baby (my wife is carring now), what will be the necessary step to follow to get immigration VISA for new born baby? Is there any different wheather a baby born inside USA or outside USA if parents are immigrant in USA?
All of my family member's VISA got stamped I-551. Now if I go back to my country and have a new born baby (my wife is carring now), what will be the necessary step to follow to get immigration VISA for new born baby? Is there any different wheather a baby born inside USA or outside USA if parents are immigrant in USA?
of course, there is a difference. If the baby is born in the U.S., he/she becomes a citizen automatically. If it is born outside, he will have to get an immigrant visa to come to the States and will become a permanent resident upon entry, just like you. The baby will have to get citizenship later, when he/she is eligible.
There is a process by which a child born to the permanent residents outside the U.S. can get an immigrant visa. I do not know the details, but do research www.uscis.gov and www.travel.state.gov for more information.
There is a process by which a child born to the permanent residents outside the U.S. can get an immigrant visa. I do not know the details, but do research www.uscis.gov and www.travel.state.gov for more information.
How can I bring some one to look after my wife?
If I want to apply for a VISA for some one like my mother, mother in law or some one else from my home country to look after my wife and new born baby at USA.
1. What will be the procedure to apply for a VISA?
2. How long it may take to get the VISA?
3. What kind of VISA to apply?
If I want to apply for a VISA for some one like my mother, mother in law or some one else from my home country to look after my wife and new born baby at USA.
1. What will be the procedure to apply for a VISA?
2. How long it may take to get the VISA?
3. What kind of VISA to apply?
TheRealCanadian
Volunteer Moderator
cstsouth said:Now if I go back to my country and have a new born baby (my wife is carring now), what will be the necessary step to follow to get immigration VISA for new born baby? Is there any different wheather a baby born inside USA or outside USA if parents are immigrant in USA?
A child born to permanent residents outside of the USA can be admitted to the US for permanent residence without a visa, provided that the child is brought to the US at the first time that either parent re-enters the US.
If the child is not brought along, or the appropriate paperwork filled out at the POE, then the child falls under FB2 or FB3 and needs to wait outside the US for several years.
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Rule from a USCIS document
9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent
(TL:VISA-481; 10-31-2002)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa (see also 9 FAM 42.1 N2); or
(2) Born during the mother’s temporary visit abroad provided:
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.
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HENCE - I am not sure what RealCandian quoted is true as of 2007. I saw in some POST also that a child born outside USA can be brought to USA within 2 years of birth.
Now what I dont understand is that the above post and the RULE says that the parents entry should be the FIRST ENTRY with the new born child - but my understanding is that if the parents had gone outside USA and the child was born outside USA - the child will get the immigrant visa stamped at the airport.
Also - I am wondering that WITHOUT A VISA on the child's passport - how will the air travel agents/ airport officials outside USA allow the child to travel to USA in either case ?
Anyone has an answer ?
Rule from a USCIS document
9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent
(TL:VISA-481; 10-31-2002)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa (see also 9 FAM 42.1 N2); or
(2) Born during the mother’s temporary visit abroad provided:
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.
------------------------------------------------------------------------------------------------------------------------------------------------------
HENCE - I am not sure what RealCandian quoted is true as of 2007. I saw in some POST also that a child born outside USA can be brought to USA within 2 years of birth.
Now what I dont understand is that the above post and the RULE says that the parents entry should be the FIRST ENTRY with the new born child - but my understanding is that if the parents had gone outside USA and the child was born outside USA - the child will get the immigrant visa stamped at the airport.
Also - I am wondering that WITHOUT A VISA on the child's passport - how will the air travel agents/ airport officials outside USA allow the child to travel to USA in either case ?
Anyone has an answer ?
Last edited by a moderator:
it's still true. And you can get a special letter at the US consulate for the baby, as other forum participants report. You should get it as some airlines will not let the baby onboard without any documents at all, supporting his residency. Heck, AirFrance will not let you onboard if you don't have a plastic GC.