New Baby after the GC

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kiran24

New Member
Hi All, Can you please tell me what would be the visa status for the baby, born outside of US after the parents receive the Green Card? We are planning to have baby in India and would like to know the procedure to bring the baby to US for the first time.

Your response is highly appreciated.

thanks!
kiran
 
Child can enter USA without visa with one of the parents (or both) provided child is entering USA for very first time, where parent(s) is/are re-entering. Child will get permanent resident status at POE. Bring all the document with you - hospital birth record, birth certificate from local authority, and Indian passport for child.

8 CFR 211.1(b)(1) describe the law regarding this issue.
 
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In my opinion:

Eventhough the law says so, it will also depend on the Officer at the POE. He has the power to send you back. Therefore in an unlucky event the POE officer is unaware of the law, you will be in trouble. The consequence of this could be severe as your child get a deportation record as well as he/she has to live away from parents (If they want to keep their GreenCards).

Why not consider having the baby in US? This way the baby would immedietly be a born US citizen rather than a naturalized citizen(and who knows he probably can be the president of this country)

If that is not feasible, I advise you to find a good attorney and seek advise.

Good Luck.
 
compguy222 said:
Eventhough the law says so, it will also depend on the Officer at the POE. He has the power to send you back. Therefore in an unlucky event the POE officer is unaware of the law, you will be in trouble.
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Law is pretty clear about that. Many don't know it because not many people excercise this option, but that does not mean it's obscure and confusing law.

Well, POE officer has right to deny entry to anyone - including GC holder and US citizens. Does that stop a person traveling abroad? Or coming to USA on visa (for the fear of entry denied)?

Yes, giving birth in USA is safer (especially considering the fact they have wait 2-3 months to get passport for baby). But that does not mean other option (giving birth in India) is "unsafe". We don't know in what circumstance "kiran24" is taking this option.

compguy222 said:
The consequence of this could be severe as your child get a deportation record as well as he/she has to live away from parents (If they want to keep their GreenCards).
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The baby did not enter USA at all (and never steped on US soil before that). Where is the question of "deportation"?


compguy222 said:
and who knows he probably can be the president of this country
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Hmmm. That's a factor....indeed :D :D
 
I know of people who have done that.
There are several reason why kids are born out of the country...and sometimes beyond the control of parents. In my friends case the father was a PR and mother was waiting for her GC.
At least of the the parent has to be a PR. And they have to bring the baby the first time they re-enter after the baby is born.
 
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Maybe you already had your baby and my experience will not help you now. I was in the same situation like you and I wanted to have my baby at home. But I found out that she will not get a green card at once and will have to wait for couple of years. There is a law that says your baby can come with you in USA without visa. I had received a copy of it from the American embassy. But when I entered in 9th month of my pregnancy we decided to come to US (of course if you have a good pregnancy) and we came and I had my baby and now she had American Citizenship (you can apply for Medicaid and have your delivery costs covered).
 
Does anyone know if the child will have PR status upon the entry or we need to file for change of status? I called USCIS customer service and the person told me that we have to file I130 to change the status. As per the current processing dates for Vermont, that will take over 3 years and child cannot leave the country during that time.
 
cbhatt said:
Does anyone know if the child will have PR status upon the entry or we need to file for change of status? I called USCIS customer service and the person told me that we have to file I130 to change the status. As per the current processing dates for Vermont, that will take over 3 years and child cannot leave the country during that time.
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Child will get LPR status at POE. There is not need to file I-130. The regulation 8 CFR 211.1(b)(1) states that the child can get immigrant visa "without fee or application". You can read this rule here:
http://www.washingtonwatchdog.org/documents/cfr/title8/part211.html#211.1
 
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