I have US greencard. What visa do I get to take my Indian son to US.

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ymail1

New Member
I have US Greencard. Our son was born after we came to India two years ago. I and my wife have valid reentry permits. We now want to go back to US. What visa can I get for my son? Immigrant visa? Any help is appreciated. Please give me the name of any specific visa name/category OR link to USImmigration site and any supporting documents needed to get the visa.

Thanks in advance.
 
If GC parents gave birth abroad, baby will get PR status upon entry to the US,
PROVIDED IT IS THE FIRST TRIP TO THE US SINCE BIRTH AND ENTRY IS WITHIN 2 YEARS AFTER BIRTH.

Here is the law. Read very carefully.

Sec 211.1 (b)(1)
b) Waivers . (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child 's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.
 
Thank you very much for the prompt reply.

Unfortunately, I did not know about this until now. My son is now just more than 2 years old.

What options do we have now?
 
If your son was born after you became LPR, I'm afraid to say that your son must go through regular FB2 process which will take 5, 6 years til he got GC or apply for CP after one of the parents becomes US citizen(if you have plan to do so).
You may try B visa, but period of admission is mostly limitted to 6 months even though he could get B visa. And in general, it is hard to get B visa if immediate relative has LPR status... but this is the case of baby, he may be able to get it.

I recommend to talk to lawyer for other options.
 
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ymail1 said:
I have US Greencard. Our son was born after we came to India two years ago. I and my wife have valid reentry permits. We now want to go back to US. What visa can I get for my son? Immigrant visa? Any help is appreciated. Please give me the name of any specific visa name/category OR link to USImmigration site and any supporting documents needed to get the visa.

Thanks in advance.
Click to expand...

Hi:

I do not understand the math. A re-entry permit is valid for 2 years. You said your son was born in India and that he is now just over 2 years old. That means you must have exceeded the 2 years on your re-entry permit. Did you receive your re-entry permit a while after having arrived in India?

In any event, there is not much you can do. I personally cannot believe that you left it until now to research it.
 
If B visa won't work and you still want to live with him in the US as soon as you can, only way at this moment is one of the parents gives up LPR status and gets H1 or L1 status. In that way, your son can be on H4/L2.
You may think it's crazy, but some people, though very few people, actually did it. If you or your spouse become eligible to USC very soon, I don't recommend H1/L2 path, of course.

H1/L1 can apply for employment base GC(whcih is not recommended if you were born in India in today's retro climate), or apply for GC as derivatives of the US citizen when the other parent(LPR) becomes US citizen, but if you stay too long abroad, your clock for USC eligibility gets reset. You should check how long you spent abroad.
 
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GotPR? said:
If B visa won't work and you still want to live with him in the US as soon as you can, only way at this moment is one of the parents gives up LPR status and gets H1 or L1 status. In that way, your son can be on H4/L2.
You may think it's crazy, but some people, though very few people, actually did it. If you or your spouse become eligible to USC very soon, I don't recommend H1/L2 path, of course.

H1/L1 can apply for employment base GC(whcih is not recommended if you were born in India in today's retro climate), or apply for GC as derivatives of the US citizen when the other parent(LPR) becomes US citizen, but if you stay too long abroad, your clock for USC eligibility gets reset. You should check how long you spent abroad.
Click to expand...

Hi:

I would also get in touch with the consulate ASAP. Appear willing to return to US immediately with the child, have a good excuse ---- there MAY be a solution. The chances are slim however.
 
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