Birth of a child abroad to a LPR mother while on vacation

[Fam82 0]

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

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?

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.

Source: US Consulate Mumbai

[newlyweds2010 208]

Is the father a US citizen?

[canadian_wife 1,823]

Is the father a US citizen that meets the residency requirements for derivative citizenship to the child?

good luck

[Fam82 0]

Is the father a US citizen?

Yes, but he is not with me at the moment since he's in the US. That's why we can't file a CRBA (consular report of birth abroad).

[Fam82 0]

Is the father a US citizen that meets the residency requirements for derivative citizenship to the child?

good luck

To do this, he would have to be physically present and file the CRBA in the conuslate together with me. Since he already contacted the embassy, that he might not reach the 5 year phisical presence requirements, they sayed he would have to do the whole green card process all over again JUST for the child!?! This could take months if not over a year.

By chance, I found the information from the US Embassy in Mumbai. Because I am a LPR this should work, right?

[newacct 688]

that he might not reach the 5 year phisical presence requirements,

How did he get U.S. citizenship? Usually 5 years presence is not a problem for U.S. citizens.

they sayed he would have to do the whole green card process all over again JUST for the child!?!

No, even if the child is not a U.S. citizen at birth, since you are an LPR when you give birth, if you bring the child back to the U.S. on your first trip back, and the child is less than 2 years old, the child will automatically get a green card upon entry. No need to apply for a green card. Depending on your country, you may also need to get a transportation letter from the U.S. consulate and/or permission to leave the country. Check with your consulate for more details.

[Fam82 0]

How did he get U.S. citizenship? Usually 5 years presence is not a problem for U.S. citizens.

He is a U.S. citizen by birth, but he spent the majority of his life abroad. The Embassy here already prereviewed the evidence he would be able to submit and they sayed it won't be enough. Otherwise he would fly over in an instant and we would do the CRBA.

[mai95 4]

How did he get U.S. citizenship? Usually 5 years presence is not a problem for U.S. citizens.

No, even if the child is not a U.S. citizen at birth, since you are an LPR when you give birth, if you bring the child back to the U.S. on your first trip back, and the child is less than 2 years old, the child will automatically get a green card upon entry. No need to apply for a green card. Depending on your country, you may also need to get a transportation letter from the U.S. consulate and/or permission to leave the country. Check with your consulate for more details.

That is interesting, and hard to believe, I would like to see some reference for this.

I found it.

(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.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15844/0-0-0-15852.html