GC holder need to stay out of US!

[wisard]

Hi,
My wife and I visited India in Aug 2008. After coming to India we came to know that we are pregnant. Dr advised her not to fly back as it is a risky pregnancy and she is under constant medical care. We both are GC holders. And since it is going to be c-section, she needs to stay back a little longer after delivery, probably until July 2009, and more if medically required. Questions:

1) What form/petition should she file now that she is going to stay in India for more than 6months(already in India since aug2008).
2) After getting my newborn's passport, what and how should I apply for to bring my newborn baby to US.

TIA

 

[Triple Citizen]

A1: With a documented medical issue, your wife should not have a problem re-entering. Just make sure it does not go beyond a year from august 2008.

A2: Your child will get a GC upon your wife's return to the US, provided he/she is less than 2 years old.

1) What form/petition should she file now that she is going to stay in India for more than 6months(already in India since aug2008).
2) After getting my newborn's passport, what and how should I apply for to bring my newborn baby to US.

 

[GotPR?]

A1: With a documented medical issue, your wife should not have a problem re-entering. Just make sure it does not go beyond a year from august 2008.

A2: Your child will get a GC upon your wife's first return to the US, provided he/she is less than 2 years old.

Fixed.

 

[Jackolantern]

Won't the child have to get something from the US consulate in order to be allowed to board the flight to the US?

 

[ginnu]

Won't the child have to get something from the US consulate in order to be allowed to board the flight to the US?

http://mumbai.usconsulate.gov/legal_permanent_residents.html

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 a 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.

 

[wisard]

Thanks for all ur replies! I appreciate it! This portal is really very helpful

I am trying to be proactive in the sense that the obstetrician suggested c-section, as my first kid, who is 2yr old US citizen(now also in India with my wife) was also delivered by c-section. In case if my wife and my newbornkid has to stay back few more months beyond 1yr, i.e., past Aug2009, what should I do - Should she file for Returning Resident(SB-1) Visa or a Re-entry permit?

Secondly, my first kid, US Citizen, now 2yrs, possesing PIO card is now in India with my wife and is expected to return with her after her delivery. Should I file any petition for him in US or for his stay in India? Please kindly advice.

 

[Jackolantern]

I am trying to be proactive in the sense that the obstetrician suggested c-section, as my first kid, who is 2yr old US citizen(now also in India with my wife) was also delivered by c-section. In case if my wife and my newbornkid has to stay back few more months beyond 1yr, i.e., past Aug2009, what should I do - Should she file for Returning Resident(SB-1) Visa or a Re-entry permit?

Reentry permit must be applied for before leaving the US, so that is not possible now. SB-1 visa isn't guaranteed, and if it is rejected it means she can't return to the US until redoing the green card process from scratch after you become a US citizen.

When is the expected delivery? Maybe it is better to try to travel back to the US right now (get a second opinion from another doctor to check the safety) before the birth, otherwise she may be unable to return with the baby before August 2009.

Secondly, my first kid, US Citizen, now 2yrs, possesing PIO card is now in India with my wife and is expected to return with her after her delivery. Should I file any petition for him in US or for his stay in India? Please kindly advice.

Petition for what purpose? He is a US citizen, all he needs is a US passport to return to the US, regardless of how long he is outside the US, and I presume you already got that passport before leaving the US.

 

[dafortycal]

Risky pregnancy? Lets get real, she isn't that far along and it isn't like you are flying back to a third world country without medical professionals.
I'm sorry, but given the choice, my child would be born in a US hospital, especially if it meant US citizenship.

Hi,
My wife and I visited India in Aug 2008. After coming to India we came to know that we are pregnant. Dr advised her not to fly back as it is a risky pregnancy and she is under constant medical care. We both are GC holders. And since it is going to be c-section, she needs to stay back a little longer after delivery, probably until July 2009, and more if medically required. Questions:

1) What form/petition should she file now that she is going to stay in India for more than 6months(already in India since aug2008).
2) After getting my newborn's passport, what and how should I apply for to bring my newborn baby to US.

TIA

 

[mmed]

I do not need this thread to be changed from immigration to medical advice but just take different medical opinions, weight everything and decide what are you going to do after that.
Regarding the immigration advice your options are:
1- GC holder should come before staying overseas more than one year without PR or before two years with permit.
2- If GC holder stay more than one year but less than 2 years without PR he/she can apply for SB1 visa, to be granted or denied, no one know.
3- Application for permit should be in US not from overseas.
4- Carrying medical reports, letters or excuses to the POE is not a good idea, those people at POE enforce the law regarding admissions without looking to those things (my guess). Those documents may be sent to consulates, USCIS and similar offices to be studied and decision be made after sometime.
Good luck!