Green card for the baby born outside USA

[SusieQQQ]

Also here is a previous thread about this https://forums.immigration.com/threads/na3-status-to-getting-green-card.330924/
There was also confusion there about whether the fee needed to be paid but it seems it doesn’t, however, some required a trip to uscis to sort out. With some offices no longer offering infopass that may not always be possible.

 

[swkimg]

Can I ask from which country u come to USA and which documents they see at port of entry

We entered the US from the Bahamas, Nassau. It is a pre-clearance port with US CBP officers. All we need are birth certificate and travel document for the child, SusieQQQ is correct. The only issue is that the officers there do not understand the regulations and told us that the child needs a visa. We went to the US Consular at Bahamas and was offered no help. We ended up reaching out to the US Customs at Washington D.C. to resolve the issue.

 

[Hms123]

What is the procedure of getting social security number after passport get stamped of greencard?

 

[camopel]

We entered the US from the Bahamas, Nassau. It is a pre-clearance port with US CBP officers. All we need are birth certificate and travel document for the child, SusieQQQ is correct. The only issue is that the officers there do not understand the regulations and told us that the child needs a visa. We went to the US Consular at Bahamas and was offered no help. We ended up reaching out to the US Customs at Washington D.C. to resolve the issue.

what contact you used for WashintonDC?

 

[sneha.samant9]

Hi Kcr, can you please share the document you received from US consulate, I am in similar situation, please send it to vara.krishna@gmail.com. Thanks for the help.

Hi KCR,
Can you please share the document you received from US Consulate, my mail id id sneha.samant9@gmail.com

 

[nriservice]

Hi

We the parents are green card holders and the baby is born in India. We came back to US with the baby(4months old) and at the POE, the baby got the stay permit till May 2009. The stamp on her passport says 'temporary evidence of lawful admission for permanent residence valid until May 29, 2009).

My question now is that do we have to apply GC for her and is anyone have experience in this case, please reply.

Thanks

Yes, you'll need to apply for a Green Card (GC) for your baby, even though they received a temporary evidence stamp upon entry. The stamp signifies temporary lawful admission, and obtaining a Green Card for your child is the next step for permanent residency.

But Before applying for the Green Card, you'll need the baby's birth certificate. You can obtain the birth certificate through the xxxxxx xxxxxx, Ensure that all details on the birth certificate match the information required for the Green Card application. This document is a crucial part of the application process, demonstrating the relationship between you as parents and your child.

Once you have the birth certificate, proceed with filing USCIS Form I-485 for your baby's Green Card application, including all necessary supporting documents. For a smoother process and personalized guidance, consulting with an immigration attorney is recommended. Many parents have successfully gone through this process, and with the right documentation, your child can obtain their Green Card.

 

[newacct]

Yes, you'll need to apply for a Green Card (GC) for your baby, even though they received a temporary evidence stamp upon entry. The stamp signifies temporary lawful admission, and obtaining a Green Card for your child is the next step for permanent residency.

But Before applying for the Green Card, you'll need the baby's birth certificate. You can obtain the birth certificate through the xxxxxx xxxxxx, Ensure that all details on the birth certificate match the information required for the Green Card application. This document is a crucial part of the application process, demonstrating the relationship between you as parents and your child.

Once you have the birth certificate, proceed with filing USCIS Form I-485 for your baby's Green Card application, including all necessary supporting documents. For a smoother process and personalized guidance, consulting with an immigration attorney is recommended. Many parents have successfully gone through this process, and with the right documentation, your child can obtain their Green Card.

The baby is already a permanent resident, and thus cannot apply for Adjustment of Status (I-485).

 

[saikrupan]

return home

Hi

My baby born in january 08. We got the birth certificate from municipal office and applied for passport. While coming back from India, I got a document (not transportation letter) saying that the kids born for GC holders outside USA does not require visa. Before we fly, we also spoke to the airline people(delta) and confimed about this situation. so in bombay we did not have any problems with the airline before boarding. And at the port of entry we have to go through secondary inspection. Overall everything went smoonthly.

kcr.

Hi Kcr

where did the got the document . I'm in similar situation please help us and send me your contact details sai.krupan@gmail.com

 

[saikrupan]

We entered the US from the Bahamas, Nassau. It is a pre-clearance port with US CBP officers. All we need are birth certificate and travel document for the child, SusieQQQ is correct. The only issue is that the officers there do not understand the regulations and told us that the child needs a visa. We went to the US Consular at Bahamas and was offered no help. We ended up reaching out to the US Customs at Washington D.C. to resolve the issue.

Hi ,how you reached the US Customs at Washington D.C. through email or share information we are traveling from India ?

 

[Godsmercy85]

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.

Hello newacct
I have a unique situation, I am a GC holder and I did surrogacy in Nigeria but my baby was born before I arrived Nigeria from the US (baby was born premature at 35 weeks and he was in the NICU until my arrival ). Can I still bring my baby with me to the US without a visa? I did talk to the airline and they will board the baby without a visa but I’m just worried that the immigration officer may refused entry for my baby. Please help me

 

[newacct]

Hello newacct
I have a unique situation, I am a GC holder and I did surrogacy in Nigeria but my baby was born before I arrived Nigeria from the US (baby was born premature at 35 weeks and he was in the NICU until my arrival ). Can I still bring my baby with me to the US without a visa? I did talk to the airline and they will board the baby without a visa but I’m just worried that the immigration officer may refused entry for my baby. Please help me

I can't answer that. The regulation (8 CFR 211.1(b)(1)) says "a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien", so it clearly didn't contemplate the case where a surrogate child is born while the mother is still in the US.

 

[SusieQQQ]

Hello newacct
I have a unique situation, I am a GC holder and I did surrogacy in Nigeria but my baby was born before I arrived Nigeria from the US (baby was born premature at 35 weeks and he was in the NICU until my arrival ). Can I still bring my baby with me to the US without a visa? I did talk to the airline and they will board the baby without a visa but I’m just worried that the immigration officer may refused entry for my baby. Please help me

Suggest you contact an immigration attorney asap. The US embassy has warnings for US citizens about complications with surrogacy in Nigeria (in terms of getting US citizenship for their babies) because of the system there -I can’t imagine the issues would be any less complex for an LPR. You may need a custody order. https://common.usembassy.gov/wp-con...02/Surrogacy_in_Nigeria-updated_20240122.docx
Are you listed as the parent on the birth certificate?

 

[Godsmercy85]

Yes and I do have a custody order

 

[Godsmercy85]

thank you the reply

 

[Godsmercy85]

Thank you newacct!
Apart from filing I-130, can I apply for a visitor’s visa for my baby to enable him enter US and then file for his green card?

 

[Godsmercy85]

Thank you SusieQQQ!
yes my name is listed on his birth certificate. The embryos were created in the US and then transported to Nigeria. I also do have a custody order from the court in Nigeria

 

[SusieQQQ]

Thank you SusieQQQ!
yes my name is listed on his birth certificate. The embryos were created in the US and then transported to Nigeria. I also do have a custody order from the court in Nigeria

Tbh I am not sure if you can get a green card for the baby under the reg cited above (as newacct noted, it doesn’t appear to cover your case) or whether you will have to sponsor the child for a green card. That’s why I suggested you contact an immigration attorney, preferably one who specializes in surrogacy to advise you on the best path forward, including how to present your case to a CBP officer if they do think you can use that provision. This seems to me to be way too important to be relying on free advice on the internet. Did you talk to an immigration attorney before taking this route, out of interest?

 

[SusieQQQ]

Thank you newacct!
Apart from filing I-130, can I apply for a visitor’s visa for my baby to enable him enter US and then file for his green card?

This is a no.

 

[Favour10]

Tbh I am not sure if you can get a green card for the baby under the reg cited above (as newacct noted, it doesn’t appear to cover your case) or whether you will have to sponsor the child for a green card. That’s why I suggested you contact an immigration attorney, preferably one who specializes in surrogacy to advise you on the best path forward, including how to present your case to a CBP officer if they do think you can use that provision. This seems to me to be way too important to be relying on free advice on the internet. Did you talk to an immigration attorney before taking this route, out of interest?

Yes I did and she advised I go ahead with the trip and if I run into any issue I should reach out to her

 

[SusieQQQ]

Yes I did and she advised I go ahead with the trip and if I run into any issue I should reach out to her

So… you have your answer.
It would probably be useful for future readers if you come back and update this forum with your experience on re-entry.