Mom of a 6 month old. I am a LPR and had him outside of the US. I also have been outside of the US for 2years and have to apply for a returning resident visa to re-enter.

[ShenadeB 0]

I am a 26 year old mother to a 6 month old baby boy who was born outside of the US. I am a LPR but I have been outside of the US for 2 years due to Covid-19 and circumstances beyond my control. I am now in the process of applying for a RETURNING RESIDENT VISA and wanted to know what is the process like and how long will it take for me to obtain this. I am also inquiring about the time period for a visa for my son. 
 

Any advice or help will be greatly appreciated. Thank you in advance! 

[Boiler 45,670]

Is your GC current?

[Timona 4,207]

COVID excuse is old already.

 

If you're close to an external inspection points eg Europe, try that avenue and if they let you, you're good and saved $$ and time. 

[SalishSea 17,928]

Sounding so familiar…

[JeanneAdil 6,561]

Green card thru marriage to USC?

out for 2 years,  did USC come to visit to produce this baby?

does baby have US citizenship thru a USC father?

if not baby needs a visa

[jan22 3,056]

3 hours ago, JeanneAdil said:

Green card thru marriage to USC?

out for 2 years,  did USC come to visit to produce this baby?

does baby have US citizenship thru a USC father?

if not baby needs a visa

Assuming the father is not a US citizen or cannot transmit his citizenship to the baby ---

 

No visa is needed IF a baby is born to an LPR mother on a temporary visit abroad, the child is less than 2 years old, it is the mother's first return to the US since the birth, AND the mother is eligible for readmission to the US without an immigrant visa. (See 9 FAM 201.2-3(b)(2) at https://fam.state.gov/fam/09FAM/09FAM020102.html.) 

 

If a Returning Resident visa is required and issued, you will need to go through the whole immigrant visa process for the baby, so perhaps it's better to do as others have suggested -- if your green card is still valid, try to use it to return to the US without the Returning Resident visa.

Edited September 22, 2022 by jan22

[nastra30 2,288]

1 hour ago, jan22 said:

Assuming the father is not a US citizen or cannot transmit his citizenship to the baby ---

 

No visa is needed IF a baby is born to an LPR mother on a temporary visit abroad, the child is less than 2 years old, it is the mother's first return to the US since the birth, AND the mother is eligible for readmission to the US without an immigrant visa. (See 9 FAM 201.2-3(b)(2) at https://fam.state.gov/fam/09FAM/09FAM020102.html.) 

 

If a Returning Resident visa is required and issued, you will need to go through the whole immigrant visa process for the baby, so perhaps it's better to do as others have suggested -- if your green card is still valid, try to use it to return to the US without the Returning Resident visa.

Touché. And the child's visa category will be NA 3, and will be stamped on arrival.

Additionally, assuming the father is a citizen but cannot transmit his citizenship to the child now, the child will automatically become a citizen when they touch down in the US. 

Similar scenario discussed here. Op can check it out: 

 

So if your green card is still a valid go this route.

Edited September 22, 2022 by nastra30

[SalishSea 17,928]

8 hours ago, nastra30 said:

Touché. And the child's visa category will be NA 3, and will be stamped on arrival.

Additionally, assuming the father is a citizen but cannot transmit his citizenship to the child now, the child will automatically become a citizen when they touch down in the US. 

Similar scenario discussed here. Op can check it out: 

 

So if your green card is still a valid go this route.

There is nothing in the original post to suggest the baby’s father is a US citizen.

[nastra30 2,288]

26 minutes ago, Jorgedig said:

There is nothing in the original post to suggest the baby’s father is a US citizen.

The law is not about baby's father. It's about LPR mother and baby. LPR mother can bring their baby (born abroad) under 2 years to US without visa under category NA3.

 

*An added bonus is if baby's father is a USC, then baby automatically becomes USC after arrival.

Edited September 22, 2022 by nastra30