Hi,
I really hope that someone can help me:
While I was pregnant and on vacation visting family outside the US, I had a medical condition that didn't allow me to travel back. Now my child is born and healthy and I would like to return to the US (especially to see my husband again
I found information on the US Embassy site in Mumbai, that if I'm returning to the US after the child is born, haven't been back since then, and the child is under two years old, all I have to do is buy a ticket and go??? (see quote from the embassy below)
a) Does anyone have any experience with this? Won't I need something for the airline since my child only has foreign passport and no visa or esta?
b) Right now I'm outside the US under the one year absent rule, but If my travel plans change, I might be longer outside the US then a year. Will this have any affect because I don't have a reentry permit (I-131), since I didn't plan on staying outside the US more then a year. They do write on the website, that the child has to be younger then two years of age. Even if I have a rentry permit for 24 months, my child could be born abroad and be under two years and I could easily be outside the US for more then two years actually (I hope you get the point).
c) If it is that simple to just go, what happens at the airport in the US? Do I just go to the counter say here is my green card and this is my new born (with passport, birth certificate etc.) and they just stamp my child a I-551 into the passport?
d) Does my child receive the real green card in the mail, or do I have to do anything else in the US?
I'm a little reluctant, because the process which is posted on the Embassy site is too simple and as we all know, USCIS procedure doesn't involve the term simple!
Thank you for any help.
Best,
Jenny
[b]I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?[/b]
[i]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 a 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.[/i]
Source: US Consulate Mumbai