GC Holder with baby few months old and has tourist visa to US..

H

hazmk

New Member
Hi,

So here's my situation. I am a green card holder and have been outside the US for a few months and have a baby who's a couple of months old who was born abroad. I'm returning back to the US (probably next week) and recently got him a tourist visa not knowing of the act that will give him permanent residency upon arrival to the US.

What do I need to do in order for him to get a GC? Can I adjust his status while in the US or do I need to go through the process of filing I-130?

Thanks for your help
 
When the baby enters the US inform the POE officers that it is his first entrance to the US and you want him to get an I-551 stamp. That will kick off the process.
 
hazmk said:
I am a green card holder and have been outside the US for a few months and have a baby who's a couple of months old who was born abroad.
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Are you the mother? If not, is the mother a permanent resident? The mother must be a permanent resident for the baby to qualify for instant permanent resident status at the port of entry.

Is the other parent a US citizen? If yes, you should contact the US embassy about getting a Consular Report of Birth Abroad and US passport for the baby, provided the other parent has spent long enough in the US for the baby to qualify for citizenship at birth.

I'm returning back to the US (probably next week) and recently got him a tourist visa not knowing of the act that will give him permanent residency upon arrival to the US.
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Apparently the officer(s) who approved the tourist visa also didn't know about that provision of the law. Make sure that when you arrive in the US, tell the officer you don't want to use the baby's tourist visa, you want the baby to processed for permanent resident status. Do not fill out an I-94 for the baby.
 
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