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GC for my new born kid in India
- Thread starter kcr
- Start date
TheRealCanadian
Volunteer Moderator
We are GC holders and my wife is pregnant and want to have child in India. How to apply for GC for new born baby in India and how long it will takes?
Your child should accompany you on your first return to the US after its birth; the paperwork will be completed at the POE.
Child will also need birth certificate with mother and father name on it and Indian passport.
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.
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.
I am on the same boat. My son was born in Canada this year. I brought him cross the border at rainbow bridge/Niagara Falls recently before my re entry permit expires. The officer at the border just let us in. When I asked if I can apply for green card for my son at the border. He said that they never do such kind of thing and asked me to go to local immigration for help. I am confused. I heard before that foreign born baby to a permanent resident parent can get derivative green card immediately at port of entry as long as the baby is under 2 years old and it is the first return for the parent and the baby.
Any idea?
Any idea?
Jackolantern
Registered Users (C)
You don't want the child to get instant US citizenship (by being born in the US)? You really want to go through the GC crap again?
you came to US through Border post and I dont think border post stamp the Baby passport at Airport they stamp the Baby passport and inform you what form to fill up. if You and Baby have Entry stamps then contact good lawyer or take infopass and go to Local USCIS office (take your passport, DL, GC and baby Birth certificate, Baby passport and take the copy of every document with you) if at Window they dont understand then ask for Supervisor.I am on the same boat. My son was born in Canada this year. I brought him cross the border at rainbow bridge/Niagara Falls recently before my re entry permit expires. The officer at the border just let us in. When I asked if I can apply for green card for my son at the border. He said that they never do such kind of thing and asked me to go to local immigration for help. I am confused.
I heard before that foreign born baby to a permanent resident parent can get derivative green card immediately at port of entry as long as the baby is under 2 years old and it is the first return for the parent and the baby.
----that is correct
Any idea?
***They will ask for the proof that you entered US on particular date and that was your first entry to US after Baby birth. keep the evidence with you
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
you came to US through Border post and I dont think border post stamp the Baby passport at Airport they stamp the Baby passport and inform you what form to fill up.
A POE is a POE, and it's not like the Rainbow Bridge is some podunk place. They should have been able to do it.
if You and Baby have Entry stamps then contact good lawyer or take infopass and go to Local USCIS office (take your passport, DL, GC and baby Birth certificate, Baby passport and take the copy of every document with you) if at Window they dont understand then ask for Supervisor.
Yup, that's the way to do it.
Thanks for all of you.
The bad thing is that the officer didn't stamp anything on my passport or baby's passport. So I don't have any proof indicating the return. I was repeatedly asking the officer if I can apply for baby's green card at POE. He was acting like he never handled this type of cases before and said that we should go to local immigration office. Afterwards, we passed Canadian border and went back to Canada since we still have a few things to do in Canada before final moving back to US.
Do you think if we still have chances to try different POE? Will Lewiston bridge/Niagara Falls make difference?
Thanks!
The bad thing is that the officer didn't stamp anything on my passport or baby's passport. So I don't have any proof indicating the return. I was repeatedly asking the officer if I can apply for baby's green card at POE. He was acting like he never handled this type of cases before and said that we should go to local immigration office. Afterwards, we passed Canadian border and went back to Canada since we still have a few things to do in Canada before final moving back to US.
Do you think if we still have chances to try different POE? Will Lewiston bridge/Niagara Falls make difference?
Thanks!
better talk to border postsThanks for all of you.
The bad thing is that the officer didn't stamp anything on my passport or baby's passport.
-------did he entred any info in computer? did you fill up any form? did the officer swipe your Green Card??
So I don't have any proof indicating the return. I was repeatedly asking the officer if I can apply for baby's green card at POE. He was acting like he never handled this type of cases before and said that we should go to local immigration office. Afterwards, we passed Canadian border and went back to Canada since we still have a few things to do in Canada before final moving back to US.
Do you think if we still have chances to try different POE? Will Lewiston bridge/Niagara Falls make difference?
--------------------Toronto airport has US immigration and you meet US immigration before taking flight for US.
Thanks!
http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ny/0901.xml
Rainbow Bridge Port of Entry
(716) 282-3141, ext. 323
-------------------Thanks for all of you.
The bad thing is that the officer didn't stamp anything on my passport or baby's passport. So I don't have any proof indicating the return. I was repeatedly asking the officer if I can apply for baby's green card at POE. He was acting like he never handled this type of cases before and said that we should go to local immigration office.
Afterwards, we passed Canadian border and went back to Canada since we still have a few things to do in Canada before final moving back to US.
--------------------- did you enter US or not??? or did you came from Canada side met Us immigration officer and went back to Canada and did not enter US?? I think you met CBP officer and not US immigration officer
Do you think if we still have chances to try different POE? Will Lewiston bridge/Niagara Falls make difference?
Thanks!
Reply for Ginnu.
The officer took my passport and green card and entered the booth. I didn't know what he did there. There was no any form he was asking me to fill out. For baby's passport and birth certificate. He didn't look at them at all even I handed in.
I entered US without getting my son's green card applied. After stopped at US a few minutes. I turned around and went through rainbow bridge again and passed Canadian border and went to Canada.
Thanks for the information. I will contact the POE at rainbow bridge by phone.
The officer took my passport and green card and entered the booth. I didn't know what he did there. There was no any form he was asking me to fill out. For baby's passport and birth certificate. He didn't look at them at all even I handed in.
I entered US without getting my son's green card applied. After stopped at US a few minutes. I turned around and went through rainbow bridge again and passed Canadian border and went to Canada.
Thanks for the information. I will contact the POE at rainbow bridge by phone.
TheRealCanadian
Volunteer Moderator
I think you met CBP officer and not US immigration officer
ginnu, there's no Customs vs. Immigration at the border anymore. They're all CBP, which by definition means Customs and Immigration.
ginnu, there's no Customs vs. Immigration at the border anymore. They're all CBP, which by definition means Customs and Immigration.
Thanks for the update.
Reply for Ginnu.
The officer took my passport and green card and entered the booth. I didn't know what he did there. There was no any form he was asking me to fill out. For baby's passport and birth certificate. He didn't look at them at all even I handed in.
I entered US without getting my son's green card applied. After stopped at US a few minutes. I turned around and went through rainbow bridge again and passed Canadian border and went to Canada.
Thanks for the information. I will contact the POE at rainbow bridge by phone.
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
if the officer at POE took your passport and green card and entered the booth in system then it will show that You entred US on that date and that is your First visit to US after giving birth. I feel you did a mistake going out of US without visiting Local USCIS office or talking to a good lawyer in US