US Entry for a child whose parents are GC holders

[r_anandhi]

Hi,

My Husband and I are permanent residents .We are currently in India and hold a valid re-entry permit. My Daughter was born in India and holds Indian Passport and is 11 months of age.I plan to take her back this May. It would be a short trip though (6-8 weeks).

Please advice If I need to apply for a B2 Visa for her travel or Can I just take her with my documents and apply for her Green Card as soon as I land there.

How long will GC processing take in such scenario?

[Joe.F]

Did you travel to the US after the birth of the child?

If not, the child would become a Permanent Resident right at the border. There is nothing to apply.

The rule is: if the parent comes back to the US with the child in the first 2 years after child birth, and it is the parent's first travel to the US after child birth, the child becomes a PR at the border.

You may need a letter from the US Consulate to that effect so that the airline lets you board the plane.

At the POE, you will be directed to secondary inspection, where an officer will take care of initiating ordering the GC for your child.

[my2239]

You said it is going to be a short trip ( 6 to 8 weeks)

How would you expect that her GC would be processed within 6 to 8 weeks?

And I am sure you are aware that if you or she leaves US while an application is pending , the application can be deemed abandoned

Having said that , I know of my cousins who were interested in Indian Citizenship for their child

Both are GC holders, they left in their 4th month of pregnancy to India, stayed there till the child was born, applied for an Indian passport in tatkal and visited the US Consulate in Chennai to seek details on how to enter US

The Consulate was very helpful and provided them with these instructions:

1) They can board the flight and inform the airline that they are both GC holders and their son born in India would get a GC based on the fact that it would be his first visit to US within 2 years of birth

2) To make it easy, my cousins selected a direct flight form India to Chicago as there will be no explanation needed to be given in stop over airports like Frankfurt or Amsterdam

3) At the port of Entry, they entered the US Citizen, GC line

4) The POE officer was very kind and issued a I 551 stamp within 5 minutes on the childs passport and congratulated them!

5) The POE officer also informed them that they do not need to apply for any GC for the kid and that a Plastic card should automatically be mailed to them and that they can call USCIS within 6 months if they do not get it

6) In 3 months, the child got a Plastic card with photograph, fingerprints as taken at the airport. all this was without any follow up

It is with this information that I am suggesting you that 6 to 8 weeks is too short.

Consider a longer period for your own good

Please note that my cousins situation is very different from your sin that they were active GC holders and were not on a Return Permit

So things can vary in your case

US consulate in India would be a good source for information

And yes they do help very well and are very cordial when you email them

[deepben]

Did you travel to the US after the birth of the child?

If not, the child would become a Permanent Resident right at the border. There is nothing to apply.

The rule is: if the parent comes back to the US with the child in the first 2 years after child birth, and it is the parent's first travel to the US after child birth, the child becomes a PR at the border.

You may need a letter from the US Consulate to that effect so that the airline lets you board the plane.

At the POE, you will be directed to secondary inspection, where an officer will take care of initiating ordering the GC for your child.

 

Joe - does it matter if the father of the new born is a GC holder while the mother is on a H1b visa ( due to J1 visa restrictions). Is it possible to still get the PR for the new born, provided its the first travel to the US after child birth?

[pontevecchio]

@deepben, The child would need a H4 visa to enter and then you can presumably file file a F2A . You need to schedule an appointment with a Lawyer to go over the matter in details.

[t75]

Father's first travel?

[JoeF]

Joe - does it matter if the father of the new born is a GC holder while the mother is on a H1b visa ( due to J1 visa restrictions). Is it possible to still get the PR for the new born, provided its the first travel to the US after child birth?

Yes, that matters.For this to work, the mother has to be a Permanent Resident.

[pontevecchio]

The Mother has to be a permanent resident. First travel then applies to either parent.

[JoeF]

The rule, in 8 CFR 211.1:

"(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States."

 

So, this applies only if the mother is a Permanent Resident, or at least has an immigrant visa.

If the mother has an H1, the child would have to get an H4.