Pending I-485, AP, child born outside US

J

JeyGC

New Member
I have filed I-485 (NSC) for myself and my wife about a year ago and still waiting for approval. Now both of us are planning to travel to India using "Advance Parole". My wife is pregnant now and for personal reasons, we have decided to have the baby (due Spring 2005) in India. I am planning to come back to US after couple of weeks.

1)Do I need to do any new paper work (like fingerprint) in India for AP before coming back to US?
2)What are the legal issues involved while my wife stays in India for 6 months for delivery?
2)What are the legal issues involved to bring the new baby back to US?

I really appreciate all the help.
Thanks
 
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JeyGC said:
1)Do I need to do any new paper work (like fingerprint) in India for AP before coming back to US?
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You need to obtain your and your wife's APs before you and your wife leave US. You don't need to do anything in India.


JeyGC said:
2)What are the legal issues involved while my wife stays in India for 6 months for delivery?
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If she has advance parole (or valid visa stamp - like H4) she can use it for re-entry. It really does not matter whether she stays 6 months or 6 days.


JeyGC said:
2)What are the legal issues involved to bring the new baby back to US?
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You need to discuss with lawyer regarding this issue. I don't have any clear idea. But what I understand that if your child is born in India he/she is Indian citizen by birth and absolutely no relation with USA (unlike being born in USA). In that case, he/she needs an Indian passport + US visa (h4) to enter USA. But that also depends on the validity of your visa. I don't know if there is any special provision for child to get entry without visa in parents AOS stage.
 
3)What are the legal issues involved to bring the new baby back to US?

>> I believe you'll have to sponsor H4 for ur new born son/daugher.
as long as ur H1 is valid I dont c this as any problem.

make sure you've all documents required for H4.
 
well u have ur reasons for having the baby in India,

There are a few things you should remeber though.

1.the child will not be a ctizen or LPR automatically

2. if u r travelling using AP possibly u are not using H1 to work but EAD, in that case ur child cannot get H4 or any other visa to enter USA can only do follow to join. another factor is that once approved u loose H1 and cannot get it as well, so the child cannot enter on H4 in that scenario but will have to do FTJ, taking about a year or two depending on consulate. Ur wife would not want to leave the kid for so long, and may cross her AP, the only way she can apply for a new AP is to be in the coutry at the time of application and leave only upon approval.

3. in case ur GC is approved before child's birth the child will not be eligible for FTJ but will fall in family based category of 2nd pref, that i beleive is taking over 4 yrs at the moment. In all this time ur child will be seperated from you. current PD's are APR 2000

4. ur wife ahs to return before the expiry of her AP, which I hope is the situation at the moment, else she will not be able to reenetr USA.


So consider all these issues before venturing down this dangerous path. Agreed there is more help available in India and its cheaper too. But consider the risk of being away from family for so long.
 
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waitin_toolong said:
3. in case ur GC is approved before child's birth the child will not be eligible for FTJ but will fall in family based category of 2nd pref, that i beleive is taking over 4 yrs at the moment. In all this time ur child will be seperated from you. current PD's are APR 2000
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This is incorrect. A permanent resident of the US may bring a child born abroad to the US and have the child automatically receive permanent residency; provided that the minor child is brought to the US the first time either parent re-enters the US. This latter point is incredibly important.
 
whats ur current status

JeyGC,

Whats ur current status? Are you still on H1 here and/or your wife?

Using either one of your H-1's, apply for child's H-4 and re-enter US using the H1 and NOT the AP.

If neither of you have H-1 and given your situations (whether used EAD or not, 6-7 years of H1 expired, etc.), I suggest get a H1 and have the child's birth. both the primary and derivative applicant of h-1 can apply for the visa outside US together.

If Plan B is not an option for u...and you can only be in US currently on EAD and can only re-enter on AP...the only other hope u may have is either the 485 gets approved rather quickly and i agree with the other contributor that a LPR's child of less than 2 yrs is given LPR status as long as the dependent is travelling with the parent and its the parent's (LPR) first trip back into the US. Also, you may have to get a letter from the US consulate that the child has visa waiver or something to that effect as the GC is actually stamped in the child's PP at the POE. so if u have a connecting flight thru Europe, and that country requires u to have a valid US visa and/or LPR and/or US citizen, u r covered for ur child.

Hope that helps.
 
Thanks for all the replies.
I should have mentioned in the first place. Myself and my wife (she never worked and had a H4 before) do NOT have a "H" visa. I was on H1 for little more than five years and my employer forced me to file I485 last year. That is why we are planning to travel on AP. Based on the current situations, I don't expect I485 being approved by the time the baby is born.
 
Lpr

I read somehere that if you bring the child to the US within 6 months after you get the GC, then he will also get the GC .Please check -will make ur life easier.
fams
 
fams said:
I read somehere that if you bring the child to the US within 6 months after you get the GC, then he will also get the GC.
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This is provided the child is born after permanent residency is granted. If the child is born before permanent residency is granted, then he or she is no different than any other dependent.

If the child is born in India before the adjustment is approved, then it will be just another dependent and cannot enter the US until FTJ is complete. This will typically mean an extended separation from the child, or the parents stay in India for an extended period of time putting their adjustment and/or permanent residency is complete.

Denying a child a US passport, risking abandonment of one's GC status or extended separation from family.... Wow. I cannot think of a single good reason to the leave the US to have that child.
 
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