Son of an LPR born abroad

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Dear All,

 

Here is our situation.  Me and my wife received our green cards in December 2021. About 1.5 months after that my wife was hospitalized in the US and we learned that she is pregnant and going through depression. IN February we went back to our home county and bought a round trip ticket with the intention of coming back in May. However, as we went my wife was hospitalized and did not feel well enough to come back. Regardless, I come back in July after a little over 5 months but less than 6. (During this period I continued to work my US job through distance). For the last two months I am here but will be gone in a week as my son has born. My intention is to stay about 2.5 months and come back in December and still will be able to continue my job and we still pay mortgage on our house during all the time. My hope is by December my wife and two of my sons (one is already a US citizen) will join me in this trip. A few questions:

- In my own case I would have made two trips each spanning less than 6 months but in total I would be out for 8 months in the last 12 months though I was here for 2 months in between. Will I encounter any problem coming back?

- For my wife if she decides to come it will be about 10 months that she was away due to health issues, do you think she might encounter any issue getting in?

 

- For my newborn, he is born outside the US but from my reading  of law we do not need a visa for him as long as we bring him with us and we are admitted he is automatically become an LPR?  How to convey this law to the people in our home country responsible for boarding to the flight

 

Thanks

[aaron2020 11,651]

11 minutes ago, me1402 said:

Dear All,

 

Here is our situation.  Me and my wife received our green cards in December 2021. About 1.5 months after that my wife was hospitalized in the US and we learned that she is pregnant and going through depression. IN February we went back to our home county and bought a round trip ticket with the intention of coming back in May. However, as we went my wife was hospitalized and did not feel well enough to come back. Regardless, I come back in July after a little over 5 months but less than 6. (During this period I continued to work my US job through distance). For the last two months I am here but will be gone in a week as my son has born. My intention is to stay about 2.5 months and come back in December and still will be able to continue my job and we still pay mortgage on our house during all the time. My hope is by December my wife and two of my sons (one is already a US citizen) will join me in this trip. A few questions:

- In my own case I would have made two trips each spanning less than 6 months but in total I would be out for 8 months in the last 12 months though I was here for 2 months in between. Will I encounter any problem coming back?  You are unlikely to have any problems coming back.

- For my wife if she decides to come it will be about 10 months that she was away due to health issues, do you think she might encounter any issue getting in?  Your wife is unlikely to have any problems.  However, with a trip between 6-12 months outside the US, she may get questioned about maintaining her residency in the US and why she was out so long.

 

- For my newborn, he is born outside the US but from my reading  of law we do not need a visa for him as long as we bring him with us and we are admitted he is automatically become an LPR?  How to convey this law to the people in our home country responsible for boarding to the flight. You need to contact the US Embassy in your home country to get the necessary travel documents for your child.  An LPR who has a baby abroad can bring the baby to the US with them on their FIRST TRIP back.  Here's the instruction from the US Embassy in Japan.  You can google for the US Embassy in your country.  https://jp.usembassy.gov/visas/immigrant-visas/green-card/lpr-child-abroad/

 

Thanks