Travel with child born in India

[papajones]

Hi,
I have a unique situation. Myself and wife are both permanent residents in US and our first son is a US citizen. Our second son is born in india and he is now three months old . We are planning to go back to US.
My immigration lawyer in US told me that for any child born abroad, if the mother is permanent resident at the time of his/her birth, will be granted permanent resident status at the port of entry in US. If the child travel to US within 2 years after the birth. We also need to produce the documentation at the port of entry like child's birth certificate and proof that mother was a permanent resident at the time of his birth.
We are planning to travel to US in next few months. My question is if American Embassy provides any documentation to facilitate this travel? My infant son has indian passport but without any US travel document like visa or green card, the airline and Indian immigration will not allow the child to board the aircraft.
Did this happen to somebody else? If anybody has some information please help? I am caught in a loop.
Thanks

 

[ginnu]

Hi,
I have a unique situation. Myself and wife are both permanent residents in US and our first son is a US citizen. Our second son is born in india and he is now three months old . We are planning to go back to US.

My immigration lawyer in US told me that for any child born abroad, if the mother is permanent resident at the time of his/her birth, will be granted permanent resident status at the port of entry in US. If the child travel to US within 2 years after the birth. We also need to produce the documentation at the port of entry like child's birth certificate and proof that mother was a permanent resident at the time of his birth.
------------ your lawyer is correct and it should be first trip to US after birth of the child.
We are planning to travel to US in next few months.
My question is if American Embassy provides any documentation to facilitate this travel?
----------- you can ask them
My infant son has indian passport but without any US travel document like visa or green card, the airline and Indian immigration will not allow the child to board the aircraft.
---------- indiam immigration will not create problems. why not to talk to them?
Did this happen to somebody else? If anybody has some information please help?
---------- I dont have link at this time you can ask your US lawyer
I am caught in a loop.
Thanks

http://www.immigration.com/faq/green3.html#487

Q171 If the Child is born in India and we (the parents) are Green Card holders, is there any way the child can travel to the US with us?

A171 Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;

b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)

c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child

d) the child is under the age of two years

e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called green card), or Form I-327 (permit to re-enter the U.S.) valid for two years from the date of issue.

If the above are satisfied then the child may accompany you into U.S without a visa.Following admission to U.S contact the nearest USCIS office to regularize the stay of the child in U.S.
[Index] [Compiled by Law Offices of Rajiv S Khanna]

 

[tamtom]

Hi,
My question is if American Embassy provides any documentation to facilitate this travel? My infant son has indian passport but without any US travel document like visa or green card, the airline and Indian immigration will not allow the child to board the aircraft.

You can ask the embassy for a travel letter stating that the child will be admitted on arrival to the US, and show that on departure to the Indian authorities and the airline staff.

Hope this helps,

Tamtom