Regarding benefits after baby is born.

kamran222

New Member
Hi,
I am on an H1 Visa and we just had a baby, My wife is on H4 visa and living with me, I am in New York and I was wondering if there are any benefits we would be able to avail, is it possible that I can get a work permit so that I can work for any employer in US. The baby is a US citizen so I guess there must be some opportunity. My H1 is valid till 2005.

I would really appreciate a reply back.

Thanks.

following is the info i got for INS Website

Family-Based Applications

Immediate Relatives

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the above forms.
 
Last edited by a moderator:
I am on an H1 Visa and we just had a baby, My wife is on H4 visa and living with me, I am in New York and I was wondering if there are any benefits we would be able to avail, is it possible that I can get a work permit so that I can work for any employer in US. The baby is a US citizen so I guess there must be some opportunity. My H1 is valid till 2005.

I would really appreciate a reply back.

Thanks.

Having a baby in the US provides NO immigration benefits to the parents until the child turns 18. At that time the child can file petitions for parents.
 
is it possible that we can file Green Card on behalf of the child,

if for some reason we had to go back to out country permantly and we dont want our child to stay there, there is nothing we can do about it ?
 
I have read on the ins website that you can apply for Permanent Resident While in the United States if you match with any of the following :

Family-Based Applications

Immediate Relatives

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

I-485, Application to Register Permanent Residence or to Adjust Status
G-325A, Biographic Information
Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
I-864, Affidavit of Support
I-693, Medical Examination of Aliens Seeking Adjustment of Status
All required supporting documentation as listed on the above forms.
 
You got it all wrong. Only adult US citizens can file for their immediate relatives. The forms and procedures you listed are for US citizens filing for their relatives ( spouse, children, parents).
You will have to wait for your child to become 18 years old before he/she can sponsor you.

Child CANNOT sponsor relatives, only an adult can.
 
is it possible that we can file Green Card on behalf of the child,
----- Not at this time, nkm-oct23 is correct
if for some reason we had to go back to out country permantly and we dont want our child to stay there, there is nothing we can do about it ?
---- If you go to your country the child will go with you as US citizen and can remain out of US, your country is not going to force you to send your child out of country. If you don’t want the child with you then US government can keep the baby under foster care in US.
 
Actually only US citizens over the age of 21 (not 18 as I mentioned earlier) can file for immediate relatives.
 
No benefits - Sorry

That's correct ony US citizens 21 years or above can file for their relatives and as nkm-oct23 stated There are NO immigration benefits of having children in US, they can only file after they turn 21.

Hopefully BCIS will process our EB-485s by that time - :D

In certain cases (I have only heard), if you have to leave, and you prove in the court that their will too much hardship for the family as to where you are going, then the judge may allow you to file for 485.
 
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