Report of Birth Abroad.....

[remokon]

No they haven't.

They can mail it. Nobody will know. It would have to be a reputable service like FedEx or something, of course. They ought not to use regular post.

But, are you saying they have now recognised her as a US citizen at the Fukuoka consulate? Your posts are a bit unclear. Jackolantern asked whether you applied for a CRBA.

Don't forget a Japanese passport for the child.

Thank you Cafeconleche, I'll have my relative send the passport to the States!

I'm sorry I wasn't being clear about her status. As it turned out, I cannot make an appointment to see an officer until the 22nd of this month. So until then, they won't recognize her as a US citizen. I'm filling out the paperwork now, and yes, I'm applying for CRBA. I think you can do that only in the country where your child is born, in this case, in Japan.

When I apply for a CRBA, will the process be automatic? Like will she be a citizen as soon as apply or will the whole process take weeks? The officer I talked to said it'd take at least 4 weeks, but I wasn't sure if she meant it takes 4 weeks until the passport comes, or until she'll be a citizen. If she'll be a citizen when I turn in the application form, then I guess I can get some kind of written form from them that proves her status and that'll be a substitute for her US passport... am I right? But if so, the officer wouldn't have told me to change the flight schedule... I'm really not sure if I should trust everything she says.

 

[cafeconleche]

At this point, your daughter either is or isn't a citizen. Applying for something has no effect on that except to ACKNOWLEDGE or PROVE what she is in this respect. If the CRBA is issued, then you'll know that she has been a citizen since birth. If I'm not mistaken, they won't accept the application without the proof, so you might know at the time of application. We don't know your spouse's details, so we don't know her status. Wikipedia sums up the rules: http://en.wikipedia.org/wiki/United_States_nationality_law . They won't give you any receipt to show that she's a citizen. The CRBA will prove that. I think you need can apply for the passport at the same time.

I have no idea how long the process takes. Jackolantern says it isn't that taboo to take her to the US using a foreign passport. I don't know what documents you need to show to get her into the country as a permanent resident (are you one too? You said you're LIVING in Japan, so you might have lost it?). Someone else will have to weigh in on the documents you need to show that your husband is transmitting citizenship to his daughter.

 

[Jackolantern]

I'm filling out the paperwork now, and yes, I'm applying for CRBA. I think you can do that only in the country where your child is born, in this case, in Japan.

That is correct regarding the CRBA, however instead of CRBA you can apply for N-600 within the US, which would provide a different type of citizenship certificate.

When I apply for a CRBA, will the process be automatic? Like will she be a citizen as soon as apply or will the whole process take weeks?

CRBA approval is not automatic. If you look back at the first post of this thread, you'll see the poster was unable to get the CRBA approved because the consulate found the evidence unsatisfactory. It it a LOT of evidence that needs to be provided and you don't seem to understand what you need. Note that the US passport requires the same ton of evidence as the CRBA, unless you already have the CRBA or N-600 approved before applying for the US passport.

The officer I talked to said it'd take at least 4 weeks, but I wasn't sure if she meant it takes 4 weeks until the passport comes, or until she'll be a citizen.

CRBA approval takes a few weeks, but upon approval it would retroactively recognize her citizenship as of the date of birth.

Do you already have a Japanese passport for the baby, or can you get one quickly? If you have to wait weeks for the Japanese passport, that means you cannot take her to the US this month anyway.

 

[Hotshoe]

I am the US citizen husband/father in Remokon's replies and I need to state the situation as I see it since I need clarification.
I have been stateside now preparing for the family's move, and have prepared some of the paperwork for this late meeting with consulate officials.
If the documentation doesn't come through by the time of travel, and if the child who is a US citizen in our eyes, but who is (for lack of proof otherwise), a Japan National to anyone else, then she will arrive with a 90-day visa only, unless she applies/is processed for permanent residency or can show a CRBA.
My question is, why should that be a necessity, since the documents will arrive in the US Post a few weeks later? Once the officials dto process the child at the airport as a permanent resident, I believe the associated fee is $1000. After that, we would have to apply to change that to citizen for another $600.
We would like to avoid the unnecessary fees and formalities If the airport personnel will allow us through as a family with one child documented as a traveler.
By the way, The whole family (grandparents, mother and three children) will arrive with round-trip tickets.

Thanks for your replies.

 

[Jackolantern]

My question is, why should that be a necessity, since the documents will arrive in the US Post a few weeks later? Once the officials dto process the child at the airport as a permanent resident, I believe the associated fee is $1000. After that, we would have to apply to change that to citizen for another $600.

There is no fee to process the baby as a permanent resident at the port of entry.

There is a fee for the CRBA and N-600, but you don't need both. The CRBA is much cheaper than the N-600. Have you already applied for the CRBA?

By the way, The whole family (grandparents, mother and three children) will arrive with round-trip tickets.

A round trip ticket that ends up outside the US could create problems for your permanent resident wife, if she doesn't have a reentry permit.

 

[remokon]

Thank you Jackolantern.

If it doesn't cost anything at POE, then I'll just take those 3 things with me.

I haven't applied for CRBA yet. The earliest appointment I could get was on the 22nd of this month, so I'll be doing that. I have applied for her Japanese passport, and we are picking it up in 4 days. (Sorry I didn't tell you earlier that she will have her Japanese passport.

And about my reentry...
I've purchased the round-trip tickets just because it was cheaper to do so than to buy one-way. (By the way, one-way tickets for 3 seats was $95 dollars! I with a baby on my lap, two seats for children under 3. It was one of the cheapest tickets, I couldn't believe my eyes!)

Anyways, so I don't have any intention of flying back to Japan. We are just going to forget about the tickets and not use them. Will that still create the problem? Should I not tell them that I, too, have the round-trip tickets as well as my daughter and my parents?

Do you even suggest that I enter the gate with the two older kids and have my parents go through a different gate with my baby? There are two entries, one for the US citizens and one for foreigners. Since her Japanese passport doesn't mention that she's a dual citizen, the POE officer might just let those 3 in without a doubt. Will this be illegal? I'll have to help the older two anyways to go through the entry since they are too young. What do you suggest we do?

Thank you for all your replies!

 

[Jackolantern]

I haven't applied for CRBA yet. The earliest appointment I could get was on the 22nd of this month, so I'll be doing that.

Good. Just make sure to accumulate sufficient evidence of the father living in the US for the required amount of time. The consulates are very nitpicking for the CRBA and it might be necessary to present 10 or 15 years of evidence just to get them to accept the required 5. As I mentioned above, the poster who started this thread was not successful with the CRBA.

But the good news is that the CRBA is cheaper and faster than the N-600. Then if the CRBA is approved, passport approval after that will be automatic.

I've purchased the round-trip tickets just because it was cheaper to do so than to buy one-way. (By the way, one-way tickets for 3 seats was $95 dollars! I with a baby on my lap, two seats for children under 3. It was one of the cheapest tickets, I couldn't believe my eyes!)

Anyways, so I don't have any intention of flying back to Japan. We are just going to forget about the tickets and not use them. Will that still create the problem? Should I not tell them that I, too, have the round-trip tickets as well as my daughter and my parents?

Don't say anything about the ticket unless specifically asked about it. If asked, just clearly state that the round trip ticket was cheaper and you have no intention of using the return leg.

Do you even suggest that I enter the gate with the two older kids and have my parents go through a different gate with my baby? There are two entries, one for the US citizens and one for foreigners. Since her Japanese passport doesn't mention that she's a dual citizen, the POE officer might just let those 3 in without a doubt. Will this be illegal? I'll have to help the older two anyways to go through the entry since they are too young. What do you suggest we do?

The baby should go through the citizens & residents line since you want her to be processed as a permanent resident. What is the US immigration status of your parents and the kids? If the older kids are US citizens with US passports, they should go through the citizens line.

 

[remokon]

Thank you again Jackolantern.

I've read the thread several times or more now. Correct me if I'm still misunderstanding.

1. Go to Fukuoka consulate and apply for CRBA and her US passport. (though the passport won't come by the time of the travel. Have my relatives send it to the US (to me) when it arrives.)

2. Apply for ESTA since she can't leave Japan without it.

3. At POE, get on the citizens/permanent residents' lane and ask them to process her as a permanent resident by showing them her Japanese passport, two passport-size pictures, and her translated birth certificate. Tell them we are transmitting her father's citizenship to her.

Am I about right? Am I still missing something?

All I want to avoid is to be sent back to Japan. My husband hasn't met the baby yet and she'll be 4 months old when we go to the States. I don't want him to have to wait any longer to meet and to hold his baby.

(I'm sorry that I haven't replied to your comment for a while... I was away home for several days for a japanese holiday.)

 

[Jackolantern]

1. Go to Fukuoka consulate and apply for CRBA and her US passport. (though the passport won't come by the time of the travel. Have my relatives send it to the US (to me) when it arrives.)

OK.

2. Apply for ESTA since she can't leave Japan without it.

The ESTA is technically not necessary, because your daughter qualifies for the special provision that allows babies born to abroad to permanent resident mothers to enter the US without a visa or ESTA. The ESTA is just a backup to have in case the airline agent doesn't know about the special provision; if the agent knows the rules, you won't need to show the ESTA.

3. At POE, get on the citizens/permanent residents' lane and ask them to process her as a permanent resident by showing them her Japanese passport, two passport-size pictures, and her translated birth certificate. Tell them we are transmitting her father's citizenship to her.

Take her to the citizens & residents line, but DO NOT volunteer anything about her (potential) US citizenship! Her US citizenship has not yet been officially established, and the CRBA application could actually be denied. At the port of entry, your initial goal should be just to have her processed as a permanent resident.

If the POE officer asks about the father and suggests that the baby might be a US citizen, then you can mention that you applied to the consulate to try to claim her citizenship but you haven't received their decision yet. But you know she at least qualifies to enter as a new permanent resident so that's what you're asking for right now and you'll follow up later regarding her citizenship.

Also remember that you need both the original Japanese birth certificate and the certified English-translated birth certificate.

All I want to avoid is to be sent back to Japan. My husband hasn't met the baby yet and she'll be 4 months old when we go to the States. I don't want him to have to wait any longer to meet and to hold his baby.

Don't worry about that. They'll let you in if you've been outside the US for less than a year (2 years with a reentry permit). Worst case if they have an issue with you staying out for 6+ months, they'll order you to see an immigration judge at a later date, but they'll still let you and the baby enter.

Just be prepared for the delay at the airport for them to process her as a new permanent resident. You might have to wait an hour or two in the secondary inspection room, so make sure there is enough of a time gap before the next flight (if you have a connecting flight after first landing in the US).

 

[remokon]

Take her to the citizens & residents line, but DO NOT volunteer anything about her (potential) US citizenship! Her US citizenship has not yet been officially established, and the CRBA application could actually be denied. At the port of entry, your initial goal should be just to have her processed as a permanent resident.

If the POE officer asks about the father and suggests that the baby might be a US citizen, then you can mention that you applied to the consulate to try to claim her citizenship but you haven't received their decision yet. But you know she at least qualifies to enter as a new permanent resident so that's what you're asking for right now and you'll follow up later regarding her citizenship.

I'm pretty sure they'll stop and start investigating me at POE since I have 2 older kids that have US passport and are citizens. When I present my Japanese passport along with my green card, then they'll look at the baby and ask why I'm showing them her Japanese passport and not her US passport... Like you said, I need to prepare for an hour or more of stay there. My parents (they are coming with us too) will be so nervous and wonder what in the world I have done!

Don't worry about that. They'll let you in if you've been outside the US for less than a year (2 years with a reentry permit).

And here's something I forgot to mention... I'll have been in Japan for over an year by the time of travel. And I don't have a reentry permit... What's going to happen to me? Am I completely screwed?

I'm really not looking forward to this trip... I can't believe how ignorant and unprepared I was.

Thank you again for your replies, Jackolantern.

 

[Jackolantern]

And here's something I forgot to mention... I'll have been in Japan for over an year by the time of travel. And I don't have a reentry permit... What's going to happen to me? Am I completely screwed?

WHAT? You should have mentioned that from the beginning. That changes everything. Forget about returning to the US within the next 6 weeks*.

After staying outside the US for over a year without a reentry permit or working for the US government (or accompanying a spouse who is working for them), you can't use your green card to reenter the US. You will need to apply for a Returning Resident Visa (SB-1) at the consulate.

See http://travel.state.gov/visa/immigrants/info/info_1333.html

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

If you can gather the evidence for the SB-1 visa fast enough, you can apply for it and the CRBA and baby's US passport in the same visit to the consulate. By the time your SB-1 visa is issued (if they approve it), the CRBA and passport would also be issued so you'll be able to take the baby on the flight officially as a US citizen.

What other important facts have did you also forget to mention? Do you have a 10-year green card, or still the original 2-year conditional green card? If it's the 2-year card, has it expired yet, and if it's expired did you file I-751 to extend it?

*You said it will be over a year by your upcoming travel date. If you've been outside the US for less than a year at this point in time, do whatever you can to get yourself and the baby back to the US before it's been a year, so you can avoid the fees and hassles and wait for the SB-1 visa. That might mean traveling without the other family members and leaving them in Japan for a while, but it's better than having to delay all the travel plans by 6-8 weeks or more.

 

[remokon]

I am so screwed up.

Jackolantern, what I have is 10-year greencard. In order for me to not leave US for more than an year, I have to fly before the 6th of September. I could do that, if I can come back to Japan again in a day. Is it legal? Is there some limitation on how many times and how long I can travel outside the States? Will they not let me travel back to Japan once I get inside the country?

I have 3 kids, and when I travel before the 6th, I'll probably take one of the older two. (I'll leave the baby since I don't want to deal with the mess at the POE, and there'll be no one on the States' side who could watch a 4-month-old baby)

My plan right now is to fly with a child to the States before the 6th. Leave the child to my husband, and then fly straight back to Japan. Stay in Japan until the 13th, which is when all of us including my parents travel to the States.

I can do that IF the US gov. lets me leave the country again.

Could this be possible? I could apply for DB-1, but it takes a long time before I get the re-entry permit.

 

[Jackolantern]

I am so screwed up.

Jackolantern, what I have is 10-year greencard. In order for me to not leave US for more than an year, I have to fly before the 6th of September. I could do that, if I can come back to Japan again in a day. Is it legal? Is there some limitation on how many times and how long I can travel outside the States? Will they not let me travel back to Japan once I get inside the country?

After you've cleared immigration and customs you can leave again as soon as you want. Leaving will not be a problem. However, reentering could be a problem if your next trip is long, because they don't look kindly on consecutive long trips with very short stays in the US in between. But that won't be a problem with you if you stick to your plan of returning to the US again in a short time frame.

I have 3 kids, and when I travel before the 6th, I'll probably take one of the older two. (I'll leave the baby since I don't want to deal with the mess at the POE, and there'll be no one on the States' side who could watch a 4-month-old baby)

For the baby to get instant permanent resident status upon entry, you need to bring the baby with you on your first trip to the US after giving birth. Entering the US without the baby would eliminate that option, which means you'd be putting all your hopes on the CRBA & US passport. That means the baby would be stuck for a few weeks while that is processing, and if that fails, things can get really complicated, with the baby possibly stuck in Japan for several months while you pursue more complicated options to bring her.

I could apply for DB-1, but it takes a long time before I get the re-entry permit.

SB-1 is what you apply for after you've already been outside the US for over a year. The reentry permit it what you apply for *before* leaving the US (it must be filed within the US) if you expect to be outside the US for over a year. At this point you're not eligible for either one, because it's not been a year yet, and you're still outside the US.

 

[Jackolantern]

How much of a slam dunk is your case for the CRBA? Is your husband a born US citizen who went to US schools growing up? Did he serve in the military or otherwise work for the US government?

 

[remokon]

After you've cleared immigration and customs you can leave again as soon as you want. Leaving will not be a problem. However, reentering could be a problem if your next trip is long, because they don't look kindly on consecutive long trips with very short stays in the US in between. But that won't be a problem with you if you stick to your plan of returning to the US again in a short time frame.

Good. Then I'll go back to Japan as soon as I pass the customs.

For the baby to get instant permanent resident status upon entry, you need to bring the baby with you on your first trip to the US after giving birth. Entering the US without the baby would eliminate that option, which means you'd be putting all your hopes on the CRBA & US passport. That means the baby would be stuck for a few weeks while that is processing, and if that fails, things can get really complicated, with the baby possibly stuck in Japan for several months while you pursue more complicated options to bring her.

Okay, so if I'm leaving Japan before the 6th, I MUST take my baby with me to claim instant permanent resident status. I think I can look for someone to watch the baby until the 13th.

SB-1 is what you apply for after you've already been outside the US for over a year. The reentry permit it what you apply for *before* leaving the US (it must be filed within the US) if you expect to be outside the US for over a year. At this point you're not eligible for either one, because it's not been a year yet, and you're still outside the US.

So, I cannot apply for neither at this point... but I cannot apply and get the results before the 13th. It seems like my best shot is to travel with the baby before the 6th.

As for CRBA and her passport, it'll be a total slam dunk. I'm going to the consulate tomorrow, and there's only 3 weeks from tomorrow to the date of travel. The gov site says that it takes 3 weeks to make a US passport, so I was going to rely on your idea of getting her an instant permanent resident status at POE and not count on her US passport.

By the way, I just found this on immigrationsupport.com (which my husband doesn't think is helpful)

"If an LPR takes a temporary trip outside of the U.S. for more than one year, the permanent residency status may be deemed abandoned, and the LPR may be required to present additional documentation in order to re-enter the U.S.. Note, however, there are times that a trip for more than one year would be deemed not to abandon LPR status, and a trip for less than one yaer would be deemed to abandon LPR status, depending on the factors of the case and the intent of the LPR." (Sorry I couldn't cut and paste for it was on a PDF file)

If I can convince them that I DO have an intention of being a permanent resident and have a husband in the States, would I still be able to enter? If that'll be possible, then I won't have to make two trips in a week. (though it still is a risky act)

 

[Jackolantern]

So, I cannot apply for neither at this point... but I cannot apply and get the results before the 13th. It seems like my best shot is to travel with the baby before the 6th.

It sure is.

As for CRBA and her passport, it'll be a total slam dunk.

What evidence will you submit to prove that your husband lived in the US for 5 years including at least 2 years after his 14th birthday? His school records? They are VERY nitpicking about evidence for the CRBA, often refusing to acknowledge employment records because of the possibility of the work having been done outside the US.

I'm going to the consulate tomorrow, and there's only 3 weeks from tomorrow to the date of travel. The gov site says that it takes 3 weeks to make a US passport, so I was going to rely on your idea of getting her an instant permanent resident status at POE and not count on her US passport.

3 weeks is standard for applicants whose citizenship has already been established, such as people with US birth certificates or naturalization certificates. But first they will have to review your stack of evidence to decide the baby's citizenship, then after that they'll request the passport processing, so you can expect a bit longer than that.

"If an LPR takes a temporary trip outside of the U.S. for more than one year, the permanent residency status may be deemed abandoned, and the LPR may be required to present additional documentation in order to re-enter the U.S.. Note, however, there are times that a trip for more than one year would be deemed not to abandon LPR status, and a trip for less than one yaer would be deemed to abandon LPR status, depending on the factors of the case and the intent of the LPR." (Sorry I couldn't cut and paste for it was on a PDF file)

If I can convince them that I DO have an intention of being a permanent resident and have a husband in the States, would I still be able to enter? If that'll be possible, then I won't have to make two trips in a week. (though it still is a risky act)

That quote oversimplifies it. In your case, there is a strong likelihood of being unable to enter if you stay beyond a year, because once you've spent over a year outside the US without a reentry permit and without a standard exception (working for the US government or being the spouse of a US employee who worked abroad), the place to decide the issue of abandonment or lack thereof is at the consulate by applying for the SB-1. You'd be risking having them send you and the baby away (because the baby will be dependent on your green card if you don't have the CRBA or US passport) and being told to apply for an SB-1 at the consulate.

 

[remokon]

What evidence will you submit to prove that your husband lived in the US for 5 years including at least 2 years after his 14th birthday? His school records?

I just came back from the consulate. What I submit was my husband's college transcript. He went from 2006-2011, and luckily that was enough to prove his physical presence. I must have been pretty lucky.

3 weeks is standard for applicants whose citizenship has already been established, such as people with US birth certificates or naturalization certificates. But first they will have to review your stack of evidence to decide the baby's citizenship, then after that they'll request the passport processing, so you can expect a bit longer than that.

Let me see, so it'll take 3 weeks for American couples with citizenship. But it'll take longer for us since I don't have a citizenship. Am I understanding right? The passport probably won't come on time, then...

That quote oversimplifies it. In your case, there is a strong likelihood of being unable to enter if you stay beyond a year, because once you've spent over a year outside the US without a reentry permit and without a standard exception (working for the US government or being the spouse of a US employee who worked abroad), the place to decide the issue of abandonment or lack thereof is at the consulate by applying for the SB-1. You'd be risking having them send you and the baby away (because the baby will be dependent on your green card if you don't have the CRBA or US passport) and being told to apply for an SB-1 at the consulate.

Okay... in our situation, we found out that I was pregnant and morning-sick after having started a life in Japan. I almost miscarried so I didn't want to travel back to the States before the baby's delivery, and this is why we stayed in Japan for such a long time. Also, I can't fly with 3 children without having someone come with me on the plane. (An adult can take only up to 2 children and I have 3 that are under the age of 5) But the people who will be helping me (my parents) couldn't get days off before the 6th.

Will this be a good reason? or maybe not? Do you think I should still plan to fly back to the States before the 6th? I found out that there will be no refund for the ticket cancellation, and that means we'll be losing over $6,000 if I decide to change the travel dates.

I am so screwed.

 

[BigJoe5]

https://s3.amazonaws.com/public-inspection.federalregister.gov/2012-20799.pdf

The State Department is seeking comments on the CRBA. It will be published in the Federal Register on 8/23/12 and comments will be accepted for 60 days.

After it is published, you may submit comments by any of the following methods:
• Web: Persons with access to the Internet may use the Federal Docket Management System (FDMS) to comment on this notice by going to www.Regulations.gov. You can search for the document by: selecting “Notice” under Document Type, entering the Public Notice number as the “Keyword or ID”, checking the “Open for Comment” box, and then click “Search”. If necessary, use the “Narrow by Agency” option on the Results page.
• E-mail: mailto: Ask-OCS-L-Public-Inquiries@state.gov
• Mail: (paper, disk, or CD-ROM submissions): U.S. Department of State, CA/OCS/L, SA-29, 4th Floor, Washington, DC 20037-3202.
• Fax: 202-736-9111
• Hand Delivery or Courier: U.S. Department of State, CA/OCSL 2100 Pennsylvania Avenue, 4th Floor, Washington, DC 20037-3202.

You must include the DS form number (if applicable), information collection title, and OMB control number in any correspondence.

SUPPLEMENTARY INFORMATION:
• Title of Information Collection: Application for Consular Report of Birth Abroad of a Citizen of the United States of America.
• OMB Control Number: 1405-0011
• Type of Request: Revision
• Originating Office: Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS)
• Form Number: DS-2029
• Respondents: Parents or legal guardians of United States citizen children born overseas.
• Estimated Number of Respondents: 68,627
• Estimated Number of Responses: 68,627
• Average Time Per Response: 20 minutes
• Total Estimated Burden Time: 22,876 hours
• Frequency: On Occasion
• Obligation to Respond: Voluntary

 

[Jackolantern]

I just came back from the consulate. What I submit was my husband's college transcript. He went from 2006-2011, and luckily that was enough to prove his physical presence. I must have been pretty lucky.

Get his high school transcript also in case somebody higher up at the consulate who reviews the application thinks the college transcript is insufficient. The consulates are known to get back to people to ask for more evidence. If they deduct 4 months per year because of the summer and Christmas breaks, that would bring the total below 5 years, which could result in them asking for more evidence.

Let me see, so it'll take 3 weeks for American couples with citizenship. But it'll take longer for us since I don't have a citizenship. Am I understanding right? The passport probably won't come on time, then...

No, what I meant was that since your daughter does not already have a document officially establishing her citizenship, her passport process will have to go through 2 stages: (1) evaluation of her claim to citizenship and (2) getting the passport printed in the US and delivered to the consulate and then to your address in Japan. Most US passport applicants (the applicant in this case being your daughter) already have a citizenship document of some kind, so they'd skip straight to stage 2, whereas your daughter's case will involve some added time for stage 1.

Okay... in our situation, we found out that I was pregnant and morning-sick after having started a life in Japan. I almost miscarried so I didn't want to travel back to the States before the baby's delivery, and this is why we stayed in Japan for such a long time. Also, I can't fly with 3 children without having someone come with me on the plane. (An adult can take only up to 2 children and I have 3 that are under the age of 5) But the people who will be helping me (my parents) couldn't get days off before the 6th.

Will this be a good reason? or maybe not?

I don't think you understand the seriousness of being outside the US for a year without a reentry permit. Once you go past that year, your green card is no longer valid for entry! Then you have to apply at the consulate to get it reinstated via the SB-1. You have a strong reason for staying outside the US beyond a year, but the place to make your case is the consulate, not the port of entry where they're likely to send you back and tell you to deal with the consulate.

Do you think I should still plan to fly back to the States before the 6th?

You absolutely need to get back to the US before the 6th, even if you leave the baby in Japan for a while.

I found out that there will be no refund for the ticket cancellation, and that means we'll be losing over $6,000 if I decide to change the travel dates.

Surely it can't cost that much. Even nonrefundable tickets allow you to change the date without having to pay for a whole ticket again. Get creative and you can cut down the cost a lot.

For starters, returning before the 6th doesn't mean you have to return to the US mainland. You can buy a separate ticket to somewhere closer to Japan, like Hawaii. That won't cost $6000. Stay overnight in a hotel and return to Japan the next day, and a few days later you can use the original ticket that was booked for the 13th.

 

[Hotshoe]

Don't try to bring the newborn with the visa waiver program. Bring the baby as a permanent resident instead. There is a provision that allows a child born abroad to a permanent resident mother to obtain instant permanent resident status at the POE, if entering the US at under 2 years old and accompanied by the mother on the mother's first trip to the US since giving birth. Have the baby's passport, birth certificate, and 2 passport-size pictures of the baby available at the POE.

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.