Entry visa for newly born children

[vks]

Hi :

If the permanent resident parents move to india
for the birth of their kid and then want to come back
to US within a few months, are there any special
rules governing the entry of the child into the
United States ?

Is the situation any different if the parents go to India
on advance parole and then want to come back after
the child's birth?

Any comments are apreciated ?

Regards,
vks

 

[tt tt]

My 2 cents..

I read some place that if both the parents are perm residents then the child born outside of USA can come back within 2 yrs of its birth.

If the parents are on AP..then they may never be able to get the child back ..since you cant get a H4 visa.

Please ask a lawyer about all such cases...they are too important to be discussed and decided on this board.

 

[vipsha]

I don’t thing it would be en easy solution. Since it becomes the same situation as marriage after filling 485 and no H1. Since child can not get H4 without valid H1 and parents can not file 485 unless and until child is in USA so child can not come to US. The only solution I can see is file I-130 after getting GC or if H1 is valid then get H4. But certainly it is a good question I would like to know more if some body is having his/her view.

 

[ghost-rider]

IF a GC holder gives a birth outside US then the very 1st time mother is entering to US she can bring the child along and then file for the residency of child. IF the mother comes alone 1st time then its difficult to bring the kid.