Inability to Travel for CP Interview

R

RK_0629

Registered Users (C)
Folks,

I need some directions as I have a unique situation here -

My wife is expecting our 2nd child in Feb 04- March 04 time frame and we are still hoping for an early interview so that my wife could travel. My US consulate for CP will be Singapore where I lived for a faily long duration and also in Singapore IV interview traffic is very low- they just do one IV interview per day and that is one reason I chose Singapore as against Chennai or Delhi. My attorney based on the early movements at NVC gave me an impression that Nov-Dec interview is possible!

Unfortunately, my case is stuck with NVC (P-3 review) for over a month now and I guess I can do nothing about it. I just want to understand the option ahead of us for a worst case scenario:

1) Any chances that US Consulate will entertain any request for an early interview date...any experiences ??
2) What happens if our child is born soon after we complete our CP interview and we're still outside the US ?? Will we have difficulty bringing my child into the US with an immigrant visa ?
3) Can I re-schedule interview for a later date after my interview date has been assigned by Consulate ?- If possible I want this to be my last option.

If there is better option that you guys see please advise.

Would appreciate your inputs.

Thanks,

RK
 
Originally posted by RK_0629
Folks,

I need some directions as I have a unique situation here -

My wife is expecting our 2nd child in Feb 04- March 04 time frame and we are still hoping for an early interview so that my wife could travel. My US consulate for CP will be Singapore where I lived for a faily long duration and also in Singapore IV interview traffic is very low- they just do one IV interview per day and that is one reason I chose Singapore as against Chennai or Delhi. My attorney based on the early movements at NVC gave me an impression that Nov-Dec interview is possible!

Unfortunately, my case is stuck with NVC (P-3 review) for over a month now and I guess I can do nothing about it. I just want to understand the option ahead of us for a worst case scenario:

1) Any chances that US Consulate will entertain any request for an early interview date...any experiences ??

{While no one can predict whether the Consulate would
entertain your request, you should certainly pursue it
because of the genuine reason.

Also look into the fact of airlines not allowing travel after
a certain stage of pregnancy }

2) What happens if our child is born soon after we complete our CP interview and we're still outside the US ?? Will we have difficulty bringing my child into the US with an immigrant visa ?

{From what I heard this will be a big problem, if you have
got your GCs and the child is borne outside US.

The child does not automatically inherit your status.

Give this a serious thought, because this is critical }

3) Can I re-schedule interview for a later date after my interview date has been assigned by Consulate ?- If possible I want this to be my last option.

{You can re-schedule and has better chance of consulate
agreeing. }

If there is better option that you guys see please advise.

Would appreciate your inputs.

Thanks,

RK
Click to expand...

{my responses}

Raju
 
Raju, thanks for your quick turnaround! I have more questions hope you can help.

1) Any idea what airline restrictions are ?? And do they differ from one airline to another ?

2) Supposing P-3 review is complete say by this week what timeline should I be expecting for my interview - Will end Nov or early Dec still be reasonable ?? I do undersatnd that this differs from Consulate to Consulate but I want to understand if my attorney is right in any way.

3) You indicated that if my child is born outside the US after we get our GC then it will be a big problem - Why & what are the issues ??

4) Will the Consulate agree for a date change after they assign me with a date (say Nov 20) or whatever.

Appreciate your inputs.

Thanks,

RK
 
Originally posted by RK_0629
Raju, thanks for your quick turnaround! I have more questions hope you can help.

1) Any idea what airline restrictions are ?? And do they differ from one airline to another ?

{You just need to research on this by going to the airlines
web sites or calling them. What I know is some of the airlines
do not allow flight of pregnant ladies in the last tri-mester.,
7th,8th and 9th months. }


2) Supposing P-3 review is complete say by this week what timeline should I be expecting for my interview - Will end Nov or early Dec still be reasonable ?? I do undersatnd that this differs from Consulate to Consulate but I want to understand if my attorney is right in any way.

{Go to cptracker and look up information for Singapore
Consulate. I may be wrong, but if your case is completed
this week, then you may expect a November interview.

But check the Singapore details as I said above. You can
even send them a email and express your concerns and hope
for a response}


3) You indicated that if my child is born outside the US after we get our GC then it will be a big problem - Why & what are the issues ??

{You have to research on this. From what I heard they do
not get any status even though you are GC holders.

So the point is, how to bring the child here to US? }

4) Will the Consulate agree for a date change after they assign me with a date (say Nov 20) or whatever.

{They should because of the reason}

Appreciate your inputs.

Thanks,

RK
Click to expand...

{my responses}

Raju
 
On child born outside the US

What I know is that if a child is born to GC holders outside the US & if you have the birth certificate & passport for the child, the child can travel to the US with the parents without any visa requirement, until s/he is 2 years old. Once inside the US, you can go to the local BCIS office & regularize the GC for the child.

I would encourage you to check on this issue with your lawyer.

titu
 
I agree with Titu, a child born outside US for at least one immigrant parent, can travel to the US with birth-certificates, passports from the country of Nationality , with in 2 years( I am not sure about the exact time frame) WITH THE IMMIGRANT PARENT. Child will not be a Citizen of the US until one of the parent becomes a citizen. However child will be granted Immigrant Status while in the US.

Please check with a law-professional before you make a decision. I dont know about your circumstances, however from what it appears, I would try to re-schedule the interview, which I think is a relatively simple process for a reason like this.


Good luck.
 
Last edited by a moderator:
I am in almost the same situation as RK_0629. The difference is that I do not need to fly anywhere for the CP interview. My interview is scheduled in Montreal, and I will be driving to Montreal from Toronto with my wife who is expecting. I still do not have the interview date from the consulate, and depending on whether the date clashes with my wife's due date, I may need to postpone the interview.

I posed this question on Ron Gotcher's website. He replied with the following extract:

"[ 8 C.F.R. § 211.1(b)]-

(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 accompany ing parent is found to be admissible to the United States." - End of Ron Gotcher's reply.

My opinion (not to be taken as legal advice):
If a child is born to US permanent residents abroad, the child gets LPR status if:
1. The child is under 2 years old when entering US,
2. Child is with its parents,
3. This is child's first entry into US.
4. The mother has not returned to the U.S. prior to bringing the child in as an immigrant.

A birth certificate and passport is all that is required for the child to enter the US (other than parent's GC).

Hope this helps. However you MUST consult your lawyer to be sure. In case you hear anything different, please post it on this thread. It will be very useful for me.

Prithis
 
Thanks for all your responses folks!

I am checking with my attorney as well on ways to get out of this situation. Actually, while submitting our packet-3 to NVC my attorney attached a request letter stating that my wife will have difficulty traveling beyond certain date and therefore be helped to secure an earlier interview date....well it seems the request back-fired thoroughly!!

Anyway, thanks for all your comments.

RK
 
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