spouse is in LPR status and she can't travel to USA with in 365 days due to medical reasons .how to bring back to USA ?

[saikrupan]

Spouse is in LPR status , During short term trip India she conceived and expecting twin kids and doctors advised not to travel during pregnancy and she can't travel to USA with in 365 days of her exit from USA. also we did not planed any re-entry permit before leaving USA.

Please advise how to bring her back she has valid reason to stay in India .

1) can I take risk and bring her with current GC , Indian customs and immigration and airlines staff will allow her to on board flight ?
or Sb1 visa is better option ?

2) For newly born kids do we need any travel document form US consulate?

I read below article

Your child is not required to obtain an immigrant visa to travel to the United States provided that:

• He or she was born during the LPR mother’s temporary visit abroad,
• The child’s admission to the United States will be within two years of birth, and
• The accompanying LPR parent (mother or father) is making his/her first entry into the United States since the child’s birth.

 

[jordancox0367]

Spouse is in LPR status , During short term trip India she conceived and expecting twin kids and doctors advised not to travel during pregnancy and she can't travel to USA with in 365 days of her exit from USA. also we did not planed any re-entry permit before leaving USA.

Please advise how to bring her back she has valid reason to stay in India .

1) can I take risk and bring her with current GC , Indian customs and immigration and airlines staff will allow her to on board flight ?
or Sb1 visa is better option ?

2) For newly born kids do we need any travel document form US consulate?

I read below article

Your child is not required to obtain an immigrant visa to travel to the United States provided that:

• He or she was born during the LPR mother’s temporary visit abroad,
• The child’s admission to the United States will be within two years of birth, and
• The accompanying LPR parent (mother or father) is making his/her first entry into the United States since the child’s birth or by doing micro tasks.

Based on your situation, here are some recommendations:

1. Returning with Current Green Card: Attempting to return with her current Green Card might be risky. Airlines and immigration officials may question the validity of her LPR status due to her prolonged absence. Although there is a valid reason for her stay in India, it is uncertain how officials will interpret her situation.
2. SB-1 Visa: Applying for an SB-1 (Returning Resident) visa is a safer option. This visa is specifically for LPRs who remained outside the United States for more than one year due to circumstances beyond their control. Given her medical condition, she has a strong case for an SB-1 visa.
3. Travel Documents for Newborns: For the newborn twins, as they were born during the mother's temporary visit abroad, they can travel to the United States without an immigrant visa if:
   • They are admitted within two years of birth.
   • They accompany the LPR parent making their first entry since the birth of the children.

You will need to obtain travel documents for the newborns from the U.S. consulate to facilitate their entry.

It is advisable to consult with an immigration attorney to navigate this complex situation and ensure that all necessary steps are taken for a smooth return to the United States.