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Green Card for New born ?

Discussion in 'Lottery Visas - DV' started by Grand, Nov 16, 2017.

  1. Sm1smom

    Sm1smom Super Moderator

    The information from the USCIS customer service rep you spoke with on the phone is not correct. Your son is currently not eligible for AOS. In order for him to be eligible for AOS, you will need to first file a petition to sponsor him by submitting form I-130 and then wait for a visa number to become available - this currently has a 2 year waiting period like @newacct already explained a couple of posts above.
     
  2. Grand

    Grand New Member

    Hi Everyone,

    Here is an update about our case.

    I spoke with different people on the phone and by email. The USCIS and CBP were passing the buck.

    So I've chosen to go to the deferred inspection office (CBP). But first, I felt that I needed to give them a phone call, as we had few hours of driving to go there (and a woman gave me their direct number in Miami).

    On the phone, I had a guy who first was really clear-cut : it is my responsability, I should have present my son as a NA3, they can't correct that. But then, an other woman took the phone and really tried to help us. They asked me few questions, went to the superior, etc... It took a long time. She finally said : try to come tomorrow, we'll see what we can do.

    The next morning, we woke up at 4.30, hit the road at 5.00 am for us to be there at 8.00 am. Luckily, it is the same women who welcome us. This is very important because 2 minutes later, an other woman asked her colleague about our case and instantly, she said : "they have to go to the USCIS, ask an immigrant package, we can't do anything". Here the 1st woman calmed her down, and say to her : did you speak with xxxx (the name of the supervisor) about this ?

    So we waited there for 2 hours, we gave everything we could because they said : it is like you don't live here (we came end of December). So we have shown our GC, our Driving licence, our new debit card, the car we just bought (the contract) and of course the passport of our baby.

    Finally, they came and we had the joy to see a beautiful I 551 on baby passeport... OUF !! They crossed out the Esta stamp.

    They told us that we didn't have to do anything for the GC and it will probably takes 8 or 10 months for it to come. It is strange because we didn't give any photo of our son, and we didn't pay anything (I though we had a fee for the GC). Does it sounds normal to you ?

    My lesson : the human factor is huge. It depends who you are dealing with.

    Yes I was wrong to do the Esta. But if not, we would have never been able to take the plane that day (we needed to come to the US that day).

    And YES I should have been confident about our son rights to enter without an esta, no questions about that.

    In the same time, it is strange that you need to know the law more than the officier at the POE. I've explained him clearly the situation and he was still asking for the "GC package". He told us that we could come with the Esta and then go the USCIS do our son's GC. He even told us that if the GC was not deliver during 90 days they would give us an extension.

    Anyway, I am aware that we probably had a lot of luck here. I feel SO grateful for that.
     
  3. SusieQQQ

    SusieQQQ Well-Known Member

    Happy to hear it all worked out!
     
  4. Grand

    Grand New Member

    Thanks Susie !

    Do you think I should contact USCIS regarding the GC now ? We didn't pay any fee, is that normal ? And they don't have our son photo...
     
  5. SusieQQQ

    SusieQQQ Well-Known Member

    I don’t know if a fee is required in a situation like yours ... probably worth contacting uscis to find out if you need to do something further, or put your mind at rest if you don’t.
     
  6. Sm1smom

    Sm1smom Super Moderator

    @Grand,

    So they did not collect the baby’s birth certificate and passport photo, nor take a photo of him themselves? All they did was put an I-551 stamp on his passport? I doubt the GC will be showing up, they have nothing to forward to USCIS for his GC to be processed. You need to go on an INFOPASS to your nearest FO to get this sorted out, baby’s status isn’t fully resolved IMO.
     
  7. Grand

    Grand New Member

    Hi Susie, OK thank you, will do that !

    Hi Super Mom :) thanks for your answer :

    They did collect the baby's birth certificate and took his passport. Then after 2 hours they gave us back the passport with the I-551 and with a paper saying : Status as a lawful permanent resident of the United States is accorded. On this paper you have different form boxes and at the bottom there are 2 stamps, basically same as on the passport.

    They also gave us back a copy of our son passeport but with his picture very black, so I don't know if they were able to use it for a GC... ?
    You're right, they didn't take themselves a photo of him.

    At the beginning my wife wanted to give them a proper photo of our son but they say they didn't need it.

    I should probably contact the USCIS anyway.

    But with those information, do you think they started the GC process ?
     
    Last edited: Jan 28, 2018
  8. Sm1smom

    Sm1smom Super Moderator

    Oh I see. You didn’t provide all these information before. I was under the impression all they did was just stamp his passport before they sent you on your way. They have all the information they need in this case. And since they specifically told you guys they didn’t need his passport photo when you tried to give them, I’m guessing the process is all in order.
     

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