I have a question

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Hairy Potter

Registered Users (C)
Hi,
   I dont know where to post this question. Anyhow, I would appreciate if anybody can help me.
   I have applied for I 485 in November and I have FP to be done this friday(17th May). Meanwhile my wife is pregnant and expecting in October. We are thinking of bringing my in-laws in August. I heard that visitor visas are now issued for only one month. I am thinking of sending my wife to India. Can I do that? If we get the Green card before my baby is born how can I bring my baby and wife back here? Can anyone help me with this? Thank you.
 
Baby will get GC at Port of Entry if mom is a GC holder

Hi,

Please refer to the murhty chat of 05-06-02 at www.murthy.com.

I am posting these from the chat for FYI.

Chat User : If a GC holder wants to deliver her baby in India, can she go out of the U.S. for 5-6 months without affecting the GC? If so, under what visa would the baby enter the U.S.?

Attorney Murthy : If the baby is under 2 years old when the mother and child reenter the U.S., the child should be processed at the port-of-entry as a GC holder with the mother.

Hope this helps.

Thanks
Swamy
 
No need to worry

Visitor visa has not been restricted to 1 month specially when its family re-union.

Tell your inlaws to explain the situation to immigration officer and you will be fine.

Another point is that if you baby is born in US then he/she will be US citizen by birth otherwise you will have to rework on the case to get the newborn added in your list of dependents for green card too.

Hope this helps.........

Good luck and congratulations for the fatherhood.
 
Is not a problem

Your wife can deliver in India and infant will get entry to US the port of entry as Dependent of GC. I am not 100% sure that\'s what I remember my friend did. I can check with him and get back to you.

My advice is do not travel to India it is better to deliver the baby here. I know it is difficult but many of my friends have managed themselves. INS officers go case by case. No fixed rule as one month etc.. YOu do not know what new law will come tomorrow and they may make your life difficult to bring the baby here.
 
Should\'nt be a problem

My Aunt got enrty for 6 months when she explained the reason (which is the same as you have) at the immigration counter. She came here on Sunday.
 
I got this message from my friend about this VISA confusion.

US VISA REGULATIONS
By Ambassador Robert D. Blackwill

    > A message from CONSMDRINFO-IN (information ListServ from the U.S.
Consulate
> in Chennai, India). Ambassador Robert D. Blackwill addresses Indians\'
> concerns over proposed U.S. visa regulations in a May 2, 2002 eMail
message.
>
> Close ties bind India and the United States. There are about two million
> people of Indian origin in America. They are US citizens, participants in
> American commerce, students at university or visitors. It is because of
> this constant interchange that there has been keen interest in the
proposed
> new visa regulations by the US Immigration and Naturalization Service
(INS).
>
> Despite much coverage in the media, some misconceptions about the INS
> proposals exist. I hope I can put many people\'s minds at ease: the vast
> majority of visitors from India to the United States will experience no
> disruption to their travel because of the proposed new regulations. Let
me
> tell you why:
>
> First, there will be no changes in the way visas are issued by the US
> Embassy and Consulates in India. Visa applicants will still use our
> appointment system and courier pass-back services to receive their visas
> before traveling to the United States. And the long lines for visas are a
> thing of the past.
>
> Second, the proposals will not reduce the number of visas granted to
> Indians. Some two thirds of all applicants from India are granted
visas --
> over 300,000 last year -- and travel between the United States and India
> seems certain to grow further in coming years. Americans certainly
welcome
> this trend.
>
> Third, immigrant visas, the permanent Green Card work permit and the
> temporary H1B visa work permit will not be affected.
>
> Two changes to INS visa regulations may affect Indians seeking US visas.
One
> change has already occurred, and approval of the other is pending. The INS
> has implemented a procedure that will limit student visa adjustments
within
> the US, but will not affect legitimate student visa applicants applying
> abroad. In the past, foreign students could visit the US on a tourist
visa
> and, while in the United States, could apply to change from a tourist
(B-2)
> to a student visa (F-1). This is no longer allowed. Indians wishing to
> study in America should have their student visas issued in their country
of
> residence before they go to the United States. This will not affect a
> person\'s ability to study at his or her chosen university.
>
> In its continuing effort to enhance national security and strengthen
> immigration controls in the United States, the INS has proposed modifying
> the current admission period for B-1/B-2 non-immigrant visitors. In the
> past, the INS allowed most visitors a six-month stay in the US, regardless
> of the time they required. Now, the INS proposes to base the admission
> period on the amount of time the visitor requests in order to accomplish
the
> purpose of his or her trip. This modification has been wrongly described
as
> allowing visitors "only" a thirty-day visit to the US. That is not
> accurate.
>
> If this change of rule is accepted, the INS inspector at the port of entry
> in the United States would ask all visitors how much time they require to
> complete their visit. If a visitor does not request more than thirty days
> in the US, then he or she would generally be granted a stay of 30 days.
If
> the visitor needs more than thirty days, the longer period would normally
be
> approved.
>
> In addition to these two INS regulations, the Senate has approved
> legislation (still to be passed by the House of Representatives and signed
> into law by the President) that would require universities to notify the
INS
> of individuals who have entered the country claiming to be students but
who,
> in fact, have not pursued their course of study. This legislation would
not
> affect genuine students, but should help the INS find those who would use
> the liberal US visa system to enter America for illegal purposes.
>
> I believe these changes strike the appropriate balance between INS\'s
mission
> to stop illegal immigration, and our desire to welcome legitimate visitors
> to the United States. Indians and Americans of Indian origin play an
> increasingly important part in American life. President Bush welcomes
this.
> So do I.
>
> Ambassador Robert D. Blackwill
>
 
You can have your in-laws bring a written notice from you guys to state the situation.

Having your wife go back to India to deliver is certainly an option
and there shouldn\'t be any problem but the best option is probably
to stay. Everything should be fine.
 
yes, you can get visitor visa for long time

If you show good reason for 6 month then mostly you can get, may be give letter from doctor and you parents can show that letter there.
We struggle for GC, and you have very good chance to have your baby US citizen then why you are planing to have your baby in india.
 
greenland/cgroad,

Why would you respond to a post that was posted in May 2002?

The baby (the little "Hairy Potter") must be a few months old and the in-laws probably have left US already.

:D :D :p :p :p :rolleyes:
 
Mr. Hairy Potter

My friend faced the same situation early April, his in-laws were given only 1 month VISA at chennai consulate even though they requested for minimum 6 Months. But when they got here the POE officer given them 6 months stay on their I-94 card.

So it is 'I-94' gives you the validity to stay in U.S. for period mentioned at the arrival not the VISA.

VISA is just for entry purpose into US, only thing is they have to get into U.S before it expires. Thats all

Even though you got VISA for 10 years, it is the I-94 date that you should use to depart from US.

POE officers by default giving for 6 months for visitor visa (B2), if they dont you can show them your tickets with the return dates, they can understand..

Don't need to worry and my suggestion is not to send your Wife to India for delivery.

Good luck and Enjoy
 
kvpt_mm,
What! Did you not read my previous post! The original post is in May 2002!

:confused: :rolleyes: :confused: :rolleyes:
 
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