Baby Born in India ,parents on I-485

[tpankaj99]

Hello,

Our status is AOS(I-485 pending) for the last 3 years and we renew the parole every september. My wife is pregnant and left to India for her delivery on Dec 24, 2010 due to certain medical conditions with advance paraole document.

Her advance parole expires septemeber 2011. After her delivery

how would we bring the newborn? On what visa ?What are the douments that are needed ?Expected due date is last week of May 2011.

i am sorry again if someone already had this issue. My attorney said they are unfamiliar with this scenario and would need to go some research.

Thanks in advance

Pankaj

[Joe.F]

If you are not in H1 status, there is no status the child can get, so it would not be possible for the child to enter the US, until your I-485 is approved (then it would be follow-to-join for the child.)

If you are in H1 status, the child can enter on H4.

[Belle]

You can try to bring the baby on a visitor visa, if you get one, of course (you both will have to enter on AP).

However, in your case, I recommend boarding the plane before your wife is 36 weeks so she can deliver in the US.

If she delivers in India, here are the scenarios. 1) If your baby is born AFTER your wife is a permanent resident, your wife may bring the baby to the US as a permanent resident (before the baby is 2 y.o.).

2) If your baby is born BEFORE the primary beneficiary (I assume, you) is a permanent resident, then your baby becomes derivative of your case, and you should file following to join AFTER your case is approved. In this case, your wife will probably want to stay with the baby, so she may have to withdraw I-485 and switch to consular processing/following to join. It may take years for them to come to the US. Visitor visa is one of the options, but your child may end up staying illegally in the US to accomodate time for you to become permament residents and start the following to join process.

3) If your baby is born AFTER you are a permanent resident but BEFORE your wife is a permanent resident, you will be in total grey territory, and you will pleading forver to bring the baby to the US. Well, not forever per se, but maybe until you become a citizen.

P.S. I think now you are starting to understand the implications of your decision to have the baby outside of the US.

[peppermint82]

After all the tedious process of getting a green card, this priority date wait game, the hassles and issues of being an immigrant trying to make a living here...WHY would you even think of having the baby in India? Just have the baby here and make its life easier.

[tpankaj99]

Originally posted by Belle:

You can try to bring the baby on a visitor visa, if you get one, of course (you both will have to enter on AP).

Is there any complication is bringing a baby (eg:6 month old baby) on visitors visa.Has anybody gone though the process.If so i would appreciate if they could let me know

Thanks

-P

[Joe.F]

Originally posted by tpankaj99:

Originally posted by Belle:

You can try to bring the baby on a visitor visa, if you get one, of course (you both will have to enter on AP).

Is there any complication is bringing a baby (eg:6 month old baby) on visitors visa.

Most likely there will be problems, because the parents have an immigrant petition.

[Belle]

"Most likely there will be problems, because the parents have an immigrant petition."

True. It would be obvious the parents are not just taking the baby with them to "visit". However, when the circumstances are compelling, like the parents who have to go back to the US and the baby with no chance status, they may ask the officer for discretion.

Another thought - if you are planning to put the baby into a private daycare, I wonder if you can get an F1 visa for the baby.

[Joe.F]

Originally posted by Belle:

Another thought - if you are planning to put the baby into a private daycare, I wonder if you can get an F1 visa for the baby.

I don't think an F1 would work.

In this situation, the best would indeed be to have the child in the US, as somebody else suggested.

[tpankaj99]

Hi Belle,

Thanks for your replies.I had a clarification on one of your statements "If your baby is born BEFORE the primary beneficiary (I assume, you) is a permanent resident, then your baby becomes derivative of your case, and you should file following to join AFTER your case is approved".

Q1.So I can bring back the baby ONLY AFTER my case is apporved ?

Q2.If the case stay the same as it is ,is it possible to get the baby a visitors visa ?

Thanks in Advance

Pankaj

[Belle]

1. As a permanent resident, yes.

2. See the discussion above. You should also realize visitor visa, even if you get it, will only take you though 6 months.

[Joe.F]

Originally posted by tpankaj99:

Hi Belle,

Thanks for your replies.I had a clarification on one of your statements "If your baby is born BEFORE the primary beneficiary (I assume, you) is a permanent resident, then your baby becomes derivative of your case, and you should file following to join AFTER your case is approved".

Q1.So I can bring back the baby ONLY AFTER my case is apporved ?

That's the issue, yes.

Q2.If the case stay the same as it is ,is it possible to get the baby a visitors visa ?

Unlikely, since the parents have immigrant petitions, so the baby wouldn't be visiting.

[tpankaj99]

Thanks for your answers.The lawyer also asked me to give it a shot for the visitors visa and directly communicate with the consulate stating this question.

Thx

-P

[Belle]

She should seriously consider boarding that plane. It won't be pleasant for her, but it is the better alternative. If she is not effaced/dilated, she can still make it. Most airlines will let her board the plane until 36 weeks, and some airlines, like Delta, don't have restrictions at all.