Does this also apply if only one of the parents is an LPR. (i.e child born to an LPR father and non-LPR mother outside of US ). In such a case, Is the child eligible for GC during first entry in to US with the LPR parent ?
how does the same scenario play out for a child born outside US to a USC father and non LPR non Citizen mother ? Is the child eligible for citizenship or LPR status and is it the same process?
I would like to ask you a few questions regarding the process for bringing a child born in India to the US.
A quick question to all of you that went through the process.. Did USCIS officials take the infants' pictures during the processing (at the Secondary Inspection)? Did you sign a form I-89 for the processing of the Alien Registration Card or Greencard for your children?
This is the only way you can know for certain if a card is on its way. If you did complete the form I-89, then a card will be issued and is on its way. If not, you may have to go to a local USCIS office to complete the process. Basically, if the child's picture and information was not captured during entry, then it is unlikely a card was ordered. All they may have done at the POE was create an A-file for the child and recorded lawful entry into the US.
Hope this helps you out in some way. I would urge you to take time off and schedule an InfoPass because they will be able to look up your child's record and see a card was ordered or not. They may also be familiar with the process and inform you on what steps to take.
Good luck.
I want to clarify something. His original birth certificate was taken at the POE together with Photos and vaccination card. I inquired from them why they are taking the original BC and they said i can always get it back. I have a copy of it though. In the letter it says " To avoid delay in processing of your application, please do not call or write to inquire about the current status of your case".Yes, you'll be able to bring the baby back to the US with that letter and passport stamp. But you should also bring his birth certificate to prove the parental relationship.
The birth certificate is mainly for the airline agent who might give you trouble without it, unless your passport or the baby's passport says who the parents are. Once you arrive at the POE they already have enough info in the system to know the baby is yours and that the baby is a permanent resident, so it's not important to have the birth certificate at the POE.
Order another birth certificate (or two or three) from the issuing authorities in the country of birth. It's not easy to get back original documents from USCIS/CBP.
Just to clarify -- the key factor is not the child's first trip; it must be the LPR parent's first trip to the US since the birth, when the child is being brought to the US.
In other words, if the LPR parent already entered the US after the birth but without the baby, the baby will not get LPR status as a result of being brought with the parent on another trip, even if the subsequent trip is the first trip together with the parent and also the child's first trip.
I'm wondering should that be BOTH father and mother first trip to the US?
We have the same situation, we are green card holders and our child is born in Germany (4 months ago). I have once entered the US (alone) and come back to Germany (that trip was for job interview). Now what if my wife only take our child to the US? This would be their first trip after the birth.
Will our baby be eligible to obtain green card?
Appreciate your response.
looks like you are in good shape where the mother can bring the child with her to the US. How long has the mother been outside the US on LPR?