Tricky situation I90 and baby

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diehard_001

New Member
Friends, appreciate your inputs on a very tricky situation..

I got my employment based GC in Aug 08. Spouse got her approval notice 797 at the same time but no physical GC, which is now believed lost in mail, never received. Spouse was in India when approved. She is still in India and we are expecting a baby next month. Her H4 status and Advance Parole are now invalid due to GC approval.

Issue: According to special rule for babies of LPR (FAM 42.1 N1.2), my wife needs her physical GC with her when she comes back the first time with the baby, so that the baby can enter US as a permanent resident. Since her GC is lost, she has to file I-90 for a replacement which requires her presence for fingerprinting in the US. So she cannot apply for I90 from India. This is a catch22 situation.

Any advice will be greatly appreciated. We have tried calling USCIS and explaining them the situation and asking for a re-print of the missing card, but they have not been very cooperative so far.

cheers
 
She should be able to use AP to enter if AP is still valid, however, the question is if POE can process for your baby when your wife enters as AP.
 
diehard_001 said:
I got my employment based GC in Aug 08. Spouse got her approval notice 797 at the same time but no physical GC, which is now believed lost in mail, never received. Spouse was in India when approved. She is still in India and we are expecting a baby next month. Her H4 status and Advance Parole are now invalid due to GC approval.
Click to expand...
GC approval doesn't automatically invalidate the Advance Parole. They allow you to use it to enter the US for some time after GC approval.

Any advice will be greatly appreciated. We have tried calling USCIS and explaining them the situation and asking for a re-print of the missing card, but they have not been very cooperative so far.
Click to expand...
You won't be able to get a reprint of the card while she is outside the US. What you need to find out is if one of the following will result in the baby being granted permanent residence:

(1) Your wife uses Advance Parole to bring the baby before the AP expires, or
(2) Your wife gets a Transportation Letter from the consulate and uses it to enter the US with the baby, or
(3) You go to India and bring the baby upon your first trip back to the US.
 
Jack,

thanks for your well thought-out reply.
The AP has expired.
For either 2 or 3 to happen, the language of FAM 42.1 N1.1/1.2 is ciritical and seems to suggest that the mother needs the physical green card with her. It is listed as a mandatory document when applying for "transportation" letter.

I was thinking a better option will be to e-file I-90 and pay for replacement GC. When we get the biometrics notice, we can send a letter to USCIS with doctor's certificate and request they reuse the previous metrics. Will this fly ? Has anyone gotten a replacement GC without needing another set of biometrics ?

regards
 
diehard_001 said:
Jack,

thanks for your well thought-out reply.
The AP has expired.
For either 2 or 3 to happen, the language of FAM 42.1 N1.1/1.2 is ciritical and seems to suggest that the mother needs the physical green card with her. It is listed as a mandatory document when applying for "transportation" letter.
Click to expand...
A "Transportation Letter" doesn't require having a physical green card; it is a document you apply for to obtain permission to enter the US if you are a permanent resident outside the US and don't have a physical green card in your possession.

http://www.immihelp.com/greencard/lost-stolen-greencard-transportation-letter.html
 
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