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  • GC Parents - Going to Delivery/Labor in india

    We both are GC holders and are thinking of going to India for baby's delivery in india.
    Can someone give us some tips on what would be complications of coming back and bringing back the baby.
    The answers Iam looking for are.
    1. is it impossible to bring the baby back.
    2. If it is possible, what sort of forms do we need to worry about and where.
    3. How long should we (or the baby) wait before entering the country.
    Also, it would be of great help if someone can offer some professional advice as well.

  • #2
    1. is it impossible to bring the baby back.

    Reply: Not at all.

    2. If it is possible, what sort of forms do we need to worry about and where.

    Reply:
    Please check whether you will meet following conditions. This reply is from US consulate
    **** **** **** **** **** **** **** **** **** **** **** **** **** **** **
    I am a Green Card holder and I came back to India to have my child. Can the baby return with me to the U.S?
    Your child will not require an immigrant visa to enter the United States provided the following conditions are met:

    · The child must have a separate passport and a birth certificate from the Corporation, Municipality or a Registrar of Births and Deaths. Hospital records are not adequate.

    · The Child must accompany the immigrant mother (or the father) upon her/his first return to the United States following the birth of child. The child must be under the age of two years.

    · The immigrant mother (or the father) must have a valid Form I-551 or I-151, Alien Registration Receipt Card (better known a Green Card) or Form I-327 (permit to Re-enter the United States) valid for two years from the date of issue.

    If you meet the above requirements your child may accompany you to the United States without a visa

    **** **** **** **** **** **** **** **** **** **** **** **** **** ****
    3. How long should we (or the baby) wait before entering the country.
    Also, it would be of great help if someone can offer some professional advice as well.

    Comment


    • #3
      kdr, like venkitv has said, it will be possible to bring the baby back provided the conditions that have been stated are true.

      I have done exactly the same thing. Both me and my wife are green card holders and my wife has delivered the baby in India. In addition to passport for the baby, birth certificate, It will be helpful if you get a letter from the US consulate in India that says that you wont need a visa for the baby. I am bringing my wife and my baby back in April, they have already given me a letter saying that my baby will not need a VISA to travel to the US providing she meets the 3 criterias. I will post my experiences after I bring my baby back.

      I would only ask you to get a rerentry permit for your wife, in case your wife has to stay in India longer than 6 months, just to be on the safer side. I got one for my wife before she left for India.

      Comment


      • #4
        aftergcquestions,

        Please share your experiences after your return to U.S. When (exact date) do you plan to travel back to U.S.?

        V

        Comment


        • #5
          venkit
          I was able to bring the baby back into the US and she got her PR status
          at the port of entry. Here is my experience.

          Here is what I did
          1. I got a letter from the US consulate in my local hometown saying that the baby does not need a VISA to go to the US provided the listed conditions are met. This letter is very much required so that the airlines officials and immigration in India understand the situation. In my case they did not initially, and after I got the letter from the consulate, they were ok. In fact, in the airport, they paged three different immigration offices to make sure the baby can travel without a VISA and they got the confirmation that it was ok. I flew with British Airways, this is the first time they are seeing a case like this, from now on, they will probably be able to handle such cases with less doubts.

          2. Once I boarded the plane in India, I had no further trouble. I used the same letter in London to board the next flight to the US.

          3. Once I reached US, I showed the letter from the US consulate, explained that the baby needs to get her LPR status at the port of entry. Of course, I had letters also from my immigration lawyers explaining the situation and what needs to be done for the baby. The immigration officer understood and sent us to secondary inspection. The immigration officers at secondary inspection were aware of this regulation, they put a I-551 stamp on my baby's passport showing her as a LPR and then prepared the paperwork to be sent to the USCIS for the baby's greencard. That is about it, the baby got her PR status at the port of entry.

          Note: I had to get a transit VISA for my baby when transiting through UK. BA said it is not required, but UK immigration said it is required. I was not sure, so I got it anway, it takes only about 3 or 4 days to get it. So, depending on which airlines you fly, check with the airlines and with the transit country's embassy.

          Here all the documents that you will require
          - Baby's passport and birth certificate
          - Parents' green cards
          - I had a reentry permit for my wife - It is better to get one, since you don't know how long she will be outside US
          - I had my marriage ceritificate just in case
          - A copy of the regulation
          - Letter from my immigration lawayers explaining the situation, the regulation and what needs to be done
          - I had 2 passport size photos of my baby, it was useful when they prepared the paperwort at the POE.

          If you need more clarifications, please feel free to email me at [email protected]. I will be more than happy to discuss with you about my experiences.

          Comment


          • #6
            Just wanted to update with my status

            It works. I brought my kid here without any issues.
            I didn't even get the letter from consulate as the other user mentioned.
            I printed out my communication with chennai consulate and that was good enough.

            Comment

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