Duration of Stay in the USA of the Baby Born Abroad

[la2017la]

Hello,

I have seen on a website about the procedures about the green card application for a baby born abroad

And once your husband files for the child, the child should not travel outside of the U.S. until the Residency is approved which can take 4 to 7 months or so. IF travel is a must, then when your husband files the I-130 and I-485 for the child, he should also file an I-131 Advance Parole and the Advance Parole MUST be approved BEFORE the child leaves the U.S. That approval can take 2 to 3 months or so.

Source: w w w.justanswer.com/immigration-law/7p8mi-birth-child-abroad-lpr-mother-vacation.html

Is there a must for the stay of the baby? For example after our baby's first entrance, my wife and the baby will leave the country for 2 months. Meanwhile I will apply for the green card and as far I've seen for the re-entrance of the baby the I-551 stamp will be enough. Could you confirm?

 

[newacct]

You need to describe what situation your baby is in because this doesn't make sense. I-485 is to apply for Adjustment of Status in the US, which is a process to get permanent residency for someone who is a nonimmigrant. I-551 = green card which is something that only someone who is already a permanent resident has. So which is it? Is your child already a permanent resident or not? If so why are you bringing up Adjustment of Status?

 

[Britsimon]

The baby becomes an LPR at the POE on the first return with the LPR parent. So as Newacct says - the comment makes no sense.

 

[la2017la]

You need to describe what situation your baby is in because this doesn't make sense. I-485 is to apply for Adjustment of Status in the US, which is a process to get permanent residency for someone who is a nonimmigrant. I-551 = green card which is something that only someone who is already a permanent resident has. So which is it? Is your child already a permanent resident or not? If so why are you bringing up Adjustment of Status?

My baby will be in the position of I-551. Upon the first entrance, his passport will get stamped cause we the parents are green card holders and mother is going to make first entrance after birth.

 

[abumiqdad]

My baby will be in the position of I-551. Upon the first entrance, his passport will get stamped cause we the parents are green card holders and mother is going to make first entrance after birth.

Once the baby has I 551, the baby is already LPR. I do not see any issues with LPR leaving the country (apart from maintaining the validity of the LPR status)

 

[newacct]

My baby will be in the position of I-551. Upon the first entrance, his passport will get stamped cause we the parents are green card holders and mother is going to make first entrance after birth.

The baby is a permanent resident immediately upon entering the US, and the I-551 stamp is proof of that. As a permanent resident, the baby can take temporary trips abroad at any time, even immediately leaving on the next flight out after arriving if you want.