Report of Birth Abroad.....

[Jackolantern]

Having spoken to both USCBPS customer service and the director of passenger services at SeaTac airport, customer service at USCBPS did not advise us to use this process, rather, deferred to the airport; who suggested to arrive with the young child and go through the visa waiver program, in which Japan qualifies under.

Well it is in their interest to tell you to handle it that way, as the visa waiver route would spare them the time and expense of processing and printing her no-fee green card. And it would make boarding the flight easier, since all the airline agents are aware of the visa waiver program but many don't know about the special provision for infants with permanent resident mothers.

But it may not be in you and your family's best interest to use the visa waiver upon arrival in the US. Visa waiver users can be refused entry if the officer at the port of entry doesn't believe they will depart the US within the allotted 90 days. They're probably not going to expect a baby with a permanent resident mother to leave the US in 90 days. So if the POE officer isn't OK with admitting her with the visa waiver, the next thing would be to use the aforementioned provision for babies born to LPR mothers. So your wife will have to be mentally and documentarily prepared to have the baby processed as an LPR if the visa waiver route turns out to be problematic (or possibly as a citizen, as I'll mention below).

An advantage of having the baby admitted as a permanent resident instead of the visa waiver is that her admission as an LPR and living with a USC parent would give her eligibility to derive citizenship under the Child Citizenship Act. That could be a useful trump card if the consulate gives bureaucratic delays and hassles with the CRBA and passport. Consulates can be overly cautious about issuing passports because they don't want to get blamed for erroneously giving one to a noncitizen who uses it to enter the US and establish roots. If they know she's already in the US and that she'll be a citizen anyway even if they don't approve the CRBA/passport, their further resistance would become pointless.

Ultimately there are 3 options for your daughter to enter the US:
1. Visa waiver
or
2. Child of LPR mother
or
3. Convince the POE officer that your daughter is actually a US citizen, using the same documents that were presented to the consulate. The officers will admit a non-passport holder as a citizen if they are convinced by the alternate evidence of citizenship that has been presented.

At the end of the day you and your wife will have to decide on a strategy -- does she try for option 1 first, and then go to #2 if #1 doesn't work? Or vice versa? Or #3 first then 2 then 1? Or does she explain her situation to the officer and mention all 3 possibilities, and ask the officer which option she should use?

Of course, if she takes a short trip to Hawaii or elsewhere in the US without the baby, option 2 is no longer an option. And if her US passport is ready before traveling to the US, admission as a US citizen is the only sensible option.

 

[Hotshoe]

Just a test of the forum. It appears some of my posts are being screened out. Only the longer ones? With hyper-links?

 

[Hotshoe]

Of course, if she takes a short trip to Hawaii or elsewhere in the US without the baby, option 2 is no longer an option. And if her US passport is ready before traveling to the US, admission as a US citizen is the only sensible option.

Mr. O'Lantern supposes that it would suffice to simply return the US and satisfy some supposed requirement of returning to the US once every six months.
The fact is, Remokon and I brought this risk upon ourselves by our ignorance by staying past the six month point already, so could and will be stopped for inspection by US Customs and Border Protection Services officers. (Which, by the way, will be unpleasant, but not disastrous).

According to ( //immigrationworkvisa.wordpress.com/san-diego-immigration-attorney-affordable ) Danielle Nelisse Immigration Attorney They will be quickly satisfied that, though the I-551 green card is no longer valid for re-entry (even though unexpired) “intent to reside in the USA” can still be established by Remokon using documents known as "Ties to America" establish proof and supporting these items: (From Ms. Nelisse' immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk )

(Original) Round trip ticket;
Sold or transferred property or business abroad;
Purchased a car in America;
Had car insurance or medical insurance or life insurance in America;
Purchased property or a business in America;
Maintained a Bank Account in America;
Filed Tax Returns in America every year that had green card;
Maintained State I.D. or State Driver’s License in America;
Paperwork that proves you have a Doctor in America (saw a doctor before leaving and kept the receipt);
Got a job or volunteer position in America before leaving (even for a few weeks);
Learned the English language even while abroad;
Had accounts in America like Netflix, Blockbuster, Library Card;
Leased an apartment in the U.S.;
Utility bill for apartment in U.S.;
Enrolled in an American online training course in English language or business while abroad;
Kept a file of ill relative’s medical progress or decline (doctor’s reports, prescriptions, etc.), translated into English; and,
Established a Facebook account based in America and visited it weekly while abroad using only the English language.

It appears the consequence to not presenting a valid entry document OR establishing "Intent to Reside" is, according to Senior Immigration Attorney Ms. Nelisse: "the decision whether to (a) question green card holders upon re-entry (b) issue a written warning (stamp in the passport or words put in the computer) or (c) try to take away the green card due to excessive travel outside the USA is all in the american airport officers’ hands." And, to be emphasized, NOT put back on the next plane to Japan.

In this case, Remokon has two US citizen children with her, (3, really) and a US citizen husband waiting for her on the other side of security. How is this even an imaginable scenario. An entire family gets turned around by Customs? Because they stayed 7 days too long outside the US?
Mr O'Lantern: If the children each have US Passports or proof of citizenship, how would USCBPS determine whether children would be allowed to continue on with their visiting grandparents, to be reunited with their father also there at the airport or be put back on a plane with their errant, forgetful, ignorant mother, who had, for nine years our of the last ten, lived in Idaho? What would that accomplish?

A quick call to the Customs office at SeaTac airport recently revealed that: "No, She'd get to come through", when the situation was presented over the phone. In regards to a newborn without citizenship proof the answer was "If she has a passport, then she is clear" (meaning a Japanese passport)

Let us be thankful to you, Jack, that we now know of the requirement to have a foreign born citizen child declared to the consulate. Thank you for your clarity at least in this one matter.

 

[Jackolantern]

That information you quoted is for a different and lesser problem. Staying out more than 6 months is one situation, but staying out more than 12 months is another much more serious situation which the article you quoted did not address.

Like the article said, there is no specific "6 month rule" for abandonment of LPR status. But there is a hard-lined rule for stays of over one year, which invalidates the green card by default! For such situations where people end up staying past a year due to circumstances, they've established the SB-1 consular process through which one can make the case for reinstating the green card. They don't want people to bypass that and just directly hop on a flight to the US.

Traveling back to the US after staying outside the US for over a year without having the SB-1 would be a high-risk maneuver that rests entirely on the kindness of the officer at the port of entry, and the one she faces at the airport won't necessarily be as sympathetic as whoever you spoke to on the phone. In such a situation, by the book they're SUPPOSED to refuse entry or order her to see an immigration judge at a later date.

Mr O'Lantern: If the children each have US Passports or proof of citizenship, how would USCBPS determine whether children would be allowed to continue on with their visiting grandparents, to be reunited with their father also there at the airport or be put back on a plane with their errant, forgetful, ignorant mother, who had, for nine years our of the last ten, lived in Idaho? What would that accomplish?

It wouldn't accomplish anything. But immigration agents have been tearing families apart for decades, so don't put it past them to send your wife back on the next flight. They've done far worse to other families.

A quick call to the Customs office at SeaTac airport recently revealed that: "No, She'd get to come through", when the situation was presented over the phone. In regards to a newborn without citizenship proof the answer was "If she has a passport, then she is clear" (meaning a Japanese passport)

They'll almost certainly let the baby enter, given the multiple eligibility options including a claim to citizenship. And they have to let the other kids enter because they have US passports. The problem is whether your wife will be allowed to enter if she attempts to return after spending over a year outside the US without an SB-1 visa.