issue a greencard for baby

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Lalala2701

Registered Users (C)
Hi

Im a green card holder, my son entered the us on a tourist visa and he's 16 months old. what is the procedure for issuing him a greencard? is it any easier or faster because hes a baby?
 
You might have really screwed up his green card prospects by using his tourist visa. I hope it's not too late to remedy the situation. What is the immigration status of the other parent?

A child born outside the US to a green card mother can instantly obtain LPR status at the port of entry. The conditions are that the child must be under 2 years old when entering the US for the first time, and the child must be accompanied by a permanent resident parent who is entering the US for the first time since the birth. No visa is required.

If those conditions were met when your son entered the US, it may be possible to contact CBP or USCIS with proof of those conditions and get them to change him to LPR status. If he was accompanied by an LPR parent, they should have noticed that and ignored the tourist visa, and given him an I-551 stamp in his passport. So this would be their mistake as well as yours. You might be able to convince them to correct the situation by pointing out that they made a mistake.

Or maybe they gave him an I-551 stamp and you don't realize it. Look in his passport to see what they stamped.

If that doesn't work because the conditions were not met at the time of entry, or CBP/USCIS refuses the GC because a tourist visa was used, then he will be here illegally once his I-94 expires. So you or his other parent will need to become a US citizen and sponsor his GC the regular way.
 
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We actualy havent been to the us yet, but that was just what i was thinking about doing.
The only problem is we dont meet the reqmnts of a transportation letter because i have been to the us since i gave birth. so what do u think i should do? the other parent is has a tourist vis and thats it
 
What exactly happened here? Your son went to the US without any of his parents being with him? Is he in the US right now?

Or your son is still abroad, but you have been to the US since the birth?
 
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yes both me and my son are abroad right now and want to come to the us but i have been to the us since birth so that makes him ineligable for a transportation letter.
 
Then it looks like your son is stuck outside the US until you become a citizen and can file for him as an Immediate Relative. Or if you file I-130 now and wait 4-5 years to bring him in the F2A green card category.
 
Lalala2701 said:
what if i get him in on a tourist visa and then file for him after we're already here?
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They probably won't let him in with a tourist visa, with him having a permanent resident mother. And even if they do, you can't file I-485 for him until you become a US citizen.
 
thanx everyone... I'll be more specific... Ones the baby is already in on a tourist visa, why won't i be able to file a gc for him?
 
Lalala2701 said:
thanx everyone... I'll be more specific... Ones the baby is already in on a tourist visa, why won't i be able to file a gc for him?
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When you are a permanent resident, you can only file papers for the first step (I-130), and then you have to wait 4-5 years in the family-based 2nd preference queue until they reach your priority date. Then after that waiting period you can file the other papers to either pursue adjustment of status within the US or obtain a consular interview abroad. While you wait through those 4 or 5 years, the baby will not have any legal status once the I-94 expires. You also risk getting in trouble for misrepresenting your intent at the port of entry, because in order to get that baby let into the US with a tourist visa you're going to have to make some convincing arguments that you're not going to attempt to make the baby immigrate if they let him in.

Does the other parent have qualifications and experience that would enable obtaining an H1B or L1 visa? If such a visa is obtained, that would allow the baby to get an H4 or L2, for which the immigrant intent will not be an issue.

Did you already receive a tourist visa for the baby? Or is it just that you're thinking of obtaining a tourist visa for him?
 
I actually havent obtained a visa for him yet. I just need to go back to the us and obviously im not gonna leave him abroad....so that seems like a bit of an impossible situation...or doesnt it?:)
 
You left him already for a trip to the US which is the source of your problem. Since neither the child nor the father of the child is eligible to live in the US, please see an attorney for assistance in formulating a plan so that you do not further injure your case for them in the future. The attorney can review the specifics for all three of you and present advice specifically for your exact circumstances.
 
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