Infant GC Question

R

rahman

Registered Users (C)
Hello All,

Here is our situation -

Me and my wife are both green card holders and moved to India when my wife was 6 months pregnant due to family reasons. The baby was born in India and obviously holds an Indian citizenship. We have re-entry permits till Sept. 2008. Now we have a chance to go back to the US in the next 6 months when the baby will be close to 7-8 months.

What are the steps that I need to take to ensure that the baby's stay is legal in the US ? Also, what are the chances of it getting a GC through us ? What are the steps required to get her a GC through us ?

Any advice will be really appreciated.

TIA
 
You baby will be admitted as a permanent resident as long you are entering US within a specified period (I think 2 years), and it has to be the parent's first trip back after the baby was born abroad.

Search the USCIS's website for more information. You may also contact the USCIS section in Delhi Embassy for additional information that you should carry when coming back to US. You can email the Delhi embassy, and find out more what you need to do. I am sure, in addition to child's passport, you will have to carry the medical records, birth certificate, etc.
 
you definitely need to contact the US consulate/embassy for a special document for the kid. It's not quite a visa, but something like it. :)
 
rahman said:
Hello All,

Here is our situation -

Me and my wife are both green card holders and moved to India when my wife was 6 months pregnant due to family reasons. The baby was born in India and obviously holds an Indian citizenship. We have re-entry permits till Sept. 2008. Now we have a chance to go back to the US in the next 6 months when the baby will be close to 7-8 months.

What are the steps that I need to take to ensure that the baby's stay is legal in the US ?

Also, what are the chances of it getting a GC through us ? What are the steps required to get her a GC through us ?

Any advice will be really appreciated.

TIA
Click to expand...


http://mumbai.usconsulate.gov/legal_permanent_residents.html


Q.I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

ANS: As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e., green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.
 
LucyMO said:
you definitely need to contact the US consulate/embassy for a special document for the kid. It's not quite a visa, but something like it. :)
Click to expand...
- nothing is needed from US consulate or US embassy. Baby should have passport with Father , Mother name on it, baby birth certificate, and it should be first trip to US after Birth of baby and child need to be under 2 years.
 
that's what I thought until I was corrected by people who actually had to go through it. They had to go to the US embassy in Russia to get it - like I said it's not quite a visa, but rather a document stating that a child was born to US residents abroad. :) Never hurts to contact the embassy to ask.
 
So my next question is, would the baby also get a separate physical green card with his/her photo on it ? How many days does it take for the baby to get a Green Card in that case ? The reason I am asking is I might be required to come back to India after 3 months stay in the US.

Thanks
 
yes, the baby should get a separate GC. How long it will take is unknown, but if you don't get it within 3 months, I'd start asking questions.
 
Your baby will be processed at the POE as a new immigrant, and will get a stamp in the passport with an A-number. The actual green card will arrive by mail within 1 to 2 months.
 
What if only the father is a permanent resident and the mother is not, would the baby in this case still get a green card stamp at the POE? Thank you,
 
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