Foreign born baby to a US permanent resident

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luk12

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Foreign born baby to a US permanent resident parent

When a US permanent resident returns to US with a foreign born baby under 2 years old, does the baby need an immigration visa at the port of entry? If not, does it require both of the parents are permanent residents or just one of them is enough?

Once the baby enters to US, what is his/her status? Does the parent need to apply for permanent residency for him/her?

Thanks in advance!
 
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According to Sec. 211.1 (b) (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.
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So, the mother has to be a permanent resident and the child should enter the US before his/her second birthday and should be accompanied by a parent who is a permanent resident.
 
Thanks for the reply. It helps.
I (the mother) am currently in Canada with reentry permit. I am planning to move back to US within the validity of the reentry permit when the baby is around 6 months old. But I have to fly back to US for a very short time stay due to attending a scientific meeting before the final return, which is after the birth of the baby. How can I reconcile the issue that it has to be my first return after the birth of the baby when I bring the baby back to US?
 
It has to be either your first trip back to the US or your husband's. To my knowledge, there is no wiggle room here.
 
luk12 said:
Thanks for the reply. It helps.
I (the mother) am currently in Canada with reentry permit. I am planning to move back to US within the validity of the reentry permit when the baby is around 6 months old. But I have to fly back to US for a very short time stay due to attending a scientific meeting before the final return, which is after the birth of the baby. How can I reconcile the issue that it has to be my first return after the birth of the baby when I bring the baby back to US?
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http://mumbai.usconsulate.gov/legal_permanent_residents.html
I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e., green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.
 
Even all the requirements are statistified and the baby enters to US with waiver of immigration visa, can I have the application filed at the port of entry for getting permanent residency for the baby? If this is the case, can I bring the baby back to US during my first return and stay for a short time. Then we permanently move back to US in a few months later. Will the baby be questioned by the immigration officer at the second return with me?

By the way, since my husband is a canadian his status can not help the situation at all.

Thanks!
 
I believe, your child will enter the US as a permanent resident and will receive an I-551 stamp on his/her passport and that you will file his/her I-90 then and there or soon thereafter. Once you have done this, you can go back to Canada and then return to the US after you are done with your assignment.

Will the baby be questioned by the immigration officer at the second return with me?
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I would like to watch an immigration officer question a few-month old baby... that would be very entertaining... :) Don't worry... your baby will be fine. The fact that your husband is a Canadian citizen is of no consequence.
 
Our experience

Yes, my baby recently made her initial entry to US, got a "NAS" stamped on her passport, and received the card in less than 4 weeks. The whole process takes 3 hours (mainly waiting), so be prepared!
 
Nas

hi Canon18,
What is NAS stamping ? Once baby enters along with PR parent, do we need to appply anything to stay in US. What status the baby going to have in USA ?

Thanks
 
Actually I am not sure what NAS refers to. All the paperworks will be handled in the immigration counter at the port of entry and you only have to wait couple weeks for the card to arrive.
 
Canon 18,
Before you receive the physical card, can you leave US with the baby or you have to wait for the card come first?
By the way, which address you used to have the card mailed to?

My situation is that I used to rent a place in US before I left the country. I didn't notify INS to change my address to my friend's address in order to keep a valid mailing address. So the old address is invalid now. I am wondering if I can request to have the card sent to my friend's address when I apply for the card at POE or I can just get baby's passport stamped and go back to Canada with the baby and apply for the card later on our final return to US?

Thanks!
 
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