Travel with child born in India

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rrajesh1

New Member
Our second child is born in India. He is 1 year and 9 months old. We both parents have green cards and valid reentry permits. We both had a brief 1 week visit to US in Sep 2006 and did not take the baby. The child was not medically fit to travel with us at that time. Also, we did not know about the rule of taking the indian born child to US during the **first** trip back to US after the child was born.

What are our possible options now? Can the short 1 week trip be really counted?? Can we still take our son to US and get green card for him at the port of entry?
 
rrajesh1 said:
Our second child is born in India. He is 1 year and 9 months old. We both parents have green cards and valid reentry permits. We both had a brief 1 week visit to US in Sep 2006 and did not take the baby.
The child was not medically fit to travel with us at that time.
----------child was not medically fit to travel and mother came to US???

Also, we did not know about the rule of taking the indian born child to US during the **first** trip back to US after the child was born.
-----------------you should have asked about it to US consulate or US immigration lawyer when child was born or before the child was born. you did not asked US immigration lawyer after baby birth how the baby will go to US and it is your mistake.

What are our possible options now? Can the short 1 week trip be really counted??
--------yes
Can we still take our son to US and get green card for him at the port of entry?
---------------take to good immigration lawyer. you may have to petition for the baby or may be eligible for some Waiver.
Click to expand...
http://mumbai.usconsulate.gov/legal_permanent_residents.html
As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e., green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

http://foia.state.gov/masterdocs/09FAM/0942001N.PDF
 
Thank you very much for the immediate and detailed response.

The above doc from foia.state.gove talks about humanitarian parole.

Will humanitarian parole be applicable in this case? We want to return to US immediately and cannot leave the baby in India.

What is the procedure for applying for humanitarian parole?

Thanks again.
 
rrajesh1 said:
Thank you very much for the immediate and detailed response.

The above doc from foia.state.gove talks about humanitarian parole.

Will humanitarian parole be applicable in this case? We want to return to US immediately and cannot leave the baby in India.

What is the procedure for applying for humanitarian parole?

Thanks again.
Click to expand...

-------------talk to good immigration lawyer
 
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