Green card for the baby born outside USA

#81
No, as I mentioned baby already got canadian citizenship and Canadian passport.
Do we need to go to USA embassy to get permission to go USA?
There is no clear law on the surrogacy child for LPR.
 

newacct

Well-Known Member
#82
No, as I mentioned baby already got canadian citizenship and Canadian passport.
Do we need to go to USA embassy to get permission to go USA?
There is no clear law on the surrogacy child for LPR.
If your child qualifies under the rule to immigrate without a visa (I am not sure about surrogacy), then technically the child doesn't need any further documentation to enter the US. However, for practical purposes, they will usually need to get a transportation letter from the US consulate to satisfy the airline to let them board. In your case, it's interesting because the child is a Canadian citizen, so the airline might let them board without further documentation anyway. Note that Canadians do not need visas to enter the US for most nonimmigrant purposes, but do normally need immigrant visas to immigrate (except in this case because the baby is exempt from that). So if the airline just lets the baby board, it's as if they think they are just visiting the US (which is not actually what you guys are doing), but as long as that satisfies them to let you guys board with the baby, then that's just as well. The only reasons for maybe going to the US consulate for a transportation letter is if 1) the airline realizes you are immigrating (e.g. you tell them when they ask) and won't let the baby board, or 2) if you want some clarity about whether the baby qualifies before going to the US.
 
#84
Hello veterans.
We have unique situation. We thought babies first trip to US is good enough but we just came to know that it should be mothers too. In this scenario, how can we bring the baby to USA when its not the parents first visit after birth? We are GC holders from India. Thanks in advance. Any suggestions are greatly appreciated. John.
 

newacct

Well-Known Member
#85
Hello veterans.
We have unique situation. We thought babies first trip to US is good enough but we just came to know that it should be mothers too. In this scenario, how can we bring the baby to USA when its not the parents first visit after birth? We are GC holders from India. Thanks in advance. Any suggestions are greatly appreciated. John.
It can be either parent's first trip to the US after the birth of the child. Are you saying that both parents have been to the US after the birth of the child already?

If the child cannot use the rule to enter without a visa, then you have to apply for an immigrant visa for the child. How did you and your wife become permanent residents? If you (or your wife) got permanent residency as the principal beneficiary in a category that allows derivative beneficiaries, and your child was born of a marriage that existed at the time you got permanent residency, then your child would qualify to immigrate as your derivative beneficiary, and so can get the visa quickly. Otherwise, you would have to petition your child as the child of a permanent resident, in the F2A category, which has a 1.5 year wait.
 
#86
Thanks a lot for the fast reply newacct. We got the green card through EB1. child was born last yr and we got the GC in 2014. What kind of immigrant visa can we use? Ultimately we will file F2A (i-130) i think, but we dont want to wait that long.
 

newacct

Well-Known Member
#87
If you were married at the time you got your green card, your child can get an immigrant visa as your derivative beneficiary; that way, there won't be a wait because your priority date is probably current in your category. You can start the "follow to join" process by filing I-824.
 
#88

newacct

Well-Known Member
#89
Don't believe random third party websites. Unless I am misunderstanding something, 9 FAM 503.3-2(D)(b) says the child is eligible:
The child of a marriage which existed prior to the principal alien’s admission into the United States is considered to have been previously acquired and thus is entitled to the same status and priority date as the “accompanying” or “following-to-join” parent.
 
#90
Hi newacct. Thanks for your help and patience. Just to clarify, we have been in US for more than 10 years on non-immigrant visa and we got our GC in middle of 2014; child born in end of 2015 in India. Our marriage was in place before we got the GC, but child was born after getting GC. Hope I am not confusing you.
 

newacct

Well-Known Member
#92
Yes, that's exactly the case that I think the child born into the marriage situation describes.

Oh and by the way, the I-824 is only if you (the principal) did Adjustment of Status in the US. If you did consular processing, you wouldn't use that.
 
#93
I got I-140 approved while we both were here on H1B and H4, then filed for adjustment of status I-485 for both of us. So we cannot use I-824? So our only choice is I-130?
 
#97
Hello everyone!
Please could you help us ,we have very unique sitauation , I am a green card holder, but I am outside of US for 2years and 4 monthes, I have a 9 months old child born outside of US . And eldest daughter US citizen ,she is 6 years old. We would like to return in a couple month, but I am afraid that we will have a problem. Can I go with my baby without transporatition letter? Is it really necessery? I know about SB1 visa, but afraid that I can get refuse. Please, maybe somebody had this kind of sitaution , and please help us what should we do? Thank you!!!
 

newacct

Well-Known Member
#98
Hello everyone!
Please could you help us ,we have very unique sitauation , I am a green card holder, but I am outside of US for 2years and 4 monthes, I have a 9 months old child born outside of US . And eldest daughter US citizen ,she is 6 years old. We would like to return in a couple month, but I am afraid that we will have a problem. Can I go with my baby without transporatition letter? Is it really necessery? I know about SB1 visa, but afraid that I can get refuse. Please, maybe somebody had this kind of sitaution , and please help us what should we do? Thank you!!!
There are two issues, 1) you entering the US, and 2) your child entering the US.

You don't have any documents that allow you to enter the US after that long. You could use your green card to travel to the US and try and gamble that the officer will just give you a warning and let you in, but there's a great risk that he may not, especially since it's been so much longer than 1 year. You could also try to apply for an SB-1 visa at the consulate in your home country, but you need to show that you couldn't return the US in time for reasons beyond your control, and there is the risk of denial.

For your child, you are talking about the rule that a child born to a permanent resident mother during a temporary visit abroad can be brought to the US when under age 2 on the first return of a permanent resident parent to the US after the child's birth, without needing an immigrant visa, and will be admitted as a permanent resident. There are several issues with this. First, this requires that the visit be temporary, and that's in question due to the duration. And second, it requires that you be admissible. So I think if you manage to bring the child to the US border, either you will both be admitted, or both be denied entry.

A transportation letter is never necessary from the perspective of the US. For entry to the US under the rule, all that's required is the parent's proof of permanent residency and the child's birth certificate. The transportation letter is for satisfying the airline and/or home country's border controls that the child can enter the US in the absence of a visa. It might be difficult for you to get a transportation letter in this case, because the consulate will likely view that you cannot enter the US and need to apply for an SB-1 visa first. And without a transportation letter, even if there's a chance that CBP will let you in on the US side, you won't be able to get there in the first place because likely no airline will board the child (unless you can get to Canada or Mexico and cross by land, or you are in or can travel to a country with US preclearance facilities).
 
#99
Thank you very much for your answer!
A couple weeks ago I called to US embassy, they asked me to send them copies of my passport , green card and reasons why I couldn't go to US. But I don't want to send all these information, and I learned that usually US embassy refuse SB1 visa . I was thinking about to get Mexican visa for my child, but most flights to Mexico fly through US, and CBP how will react in this situation I don't know too.
If I cross by land will they check my green card? What about then my child? Can they still put a stamp?
I was hoping for mercy ,caquse my eldest daughter is still US Citizen

Thanks again for your answer newacct!
 
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