Travel back to US on green card after 11 months stay abroad

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User1234567890

New Member
I applied for family based green card in 2017.
Had the final interview in October 2018. I was pregnant at that time, and had an emergency visit to my home country in November 2018. So I left US on H1 visa on November 2018. My family received my green card at US in December 2018. I delivered my baby in my home country and couldn’t travel back soon to US. Now my child is 9 months old and I feel it’s ok to travel back to US. My H1 is not valid anymore, but my green card is valid for 10 years. Can I return now back to US with my green card?
 
You may have issues returning after nearly 1 year, even with a valid green card. The US government is likely ask about the length of time overseas on a green card, and the reason behind having the child overseas when you were approved for US Permanent Residency while pregnant.

What country's passport does the child have?
 
Yeah I’d probably expect questioning, but they’ll let her in, maybe with a warning about residency requirements
The child will become a LPR on entry as I understand, unless already has US passport through CRBA.
 
It doesn't seem to me that they will give you too much trouble, but if the kid is a citizen by birth, get a passport and CRBA first to make entry easier. 11 months is close to the limit, but if your husband is habitually resident in the US, you can prove ties that way. BTW, you say you had to leave for an emergency. Was that related to your pregnancy, or was it something different, due to which you had to deliver in your COC? Take documentation of this emergency just in case.
 
1AurCitizen said:
You may have issues returning after nearly 1 year, even with a valid green card. The US government is likely ask about the length of time overseas on a green card, and the reason behind having the child overseas when you were approved for US Permanent Residency while pregnant.

What country's passport does the child have?
Click to expand...
Child has Indian passport
 
User1234567890 said:
Child has Indian passport
Click to expand...
But that doesn't mean that the child is not a US citizen. If the conditions in US law for transmitting US citizenship to a child born abroad are met, the child is automatically a US citizen at birth.

But I guess if you want to bring the child in as NA3 (child born to a permanent resident mother on a temporary trip abroad on her first return to the US after the child's birth), that would work too. And if the child is actually a US citizen, you can apply for a US passport for the child after they get to the US. But you might need a transportation letter from the consulate to convince the airlines to let the child board, and if you go to the consulate, they might tell you to get a US passport for the child anyway.
 
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