PR with reentry permit, just had a child

[rachel6992]

I've been a Permanent Resident for close to 30 years. In September I moved to Canada (where I'm from originally) while my husband (Mexican citizen) goes to university. I just received my reentry permit so I can be gone for 2 years. I unexpectedly became pregnant, and gave birth to a baby girl in March. I want to return to the states in June for a visit so she can meet her family.

How will having a Canadian child affect my PR? Or will it? Obviously she'll have a Canadian passport, but once we return to the U.S., I'm planning to apply for my citizenship and will add her to my application.

Any thoughts? Thanks in advance!

 

[Jackolantern]

The child can obtain instant LPR status at the US port of entry if you bring her with you on your first trip to the US since her birth, and before becoming two years old. Make sure to explain the situation to the POE officer so her passport can be stamped as an LPR.

If on your first trip since giving birth you enter the US without her, she will have to go through the much longer and costly green card process.

Note that if you continue to stay in Canada for 2 years, you probably will be found to have broken continuous residence for naturalization purposes, delaying your citizenship eligibility for years. Your absence since September has already jeopardized your citizenship eligibility. The reentry permit preserves your green card while abroad for 2 years, but not your eligibility for naturalization.

However, given that you've been an LPR for almost 30 years and are still young enough to become pregnant unexpectedly, it's pretty certain that you became an LPR as a minor. If one or both of your parents became a US citizen before you turned 18, you might be able to claim US citizenship for yourself and your daughter, without worrying about the usual naturalization rule of 5 years of continuous residence. However, it depends on the facts and laws that were in place back then, including whether they were still married and which parent had custody of you.

 

[rachel6992]

Thanks for your help! If she becomes a LPR, do I need to get a reentry permit for her as well?

Neither of my parents have obtained their citizenship yet. My mom is in the process of getting hers now.

Do you think we'd be hassled more at the airport POE or do you think it would be easier to cross on land, say at Niagara Falls? Or does it matter? I've always found the customs officials at Niagara quite laid back...

 

[Jackolantern]

Thanks for your help! If she becomes a LPR, do I need to get a reentry permit for her as well?

She will need the RP if she's going to be outside the US with you for 2 years.

Neither of my parents have obtained their citizenship yet. My mom is in the process of getting hers now.

Too bad you didn't get yours before moving to Canada. Now your stay in Canada may delay your eligibility until 2015 or later.

Do you think we'd be hassled more at the airport POE or do you think it would be easier to cross on land, say at Niagara Falls? Or does it matter? I've always found the customs officials at Niagara quite laid back...

I don't know, follow what works for you. Wherever you choose, plan for some extra time at the POE as they'll probably need to take you aside to process your daughter for LPR status. Make sure to bring her birth certificate in addition to her passport.