Lpr parent -child born in india

[ssubbarama001]

Hi

This is a weird sitUATION. My wife and i are LPR's, now since late 2012.

Kids born in India late last year/early this year time frame. Can my wife bring back kids under some two year rule (CCA Act of 2000) on her green Card. I am not able to get a straight answer from either USCIS or State dept.

1. Do I need to obtain some kinda document from Chennai consulate; as in my wife? What document would that be? or my wife will be able to board any airline without any requirement for any documentary evidence to board the aircraft?

2. At port of entry, will their passports be simply stamped as I-551 stamp on the passport?

Can someone please explain ASAP how I can solve this situation easily. I want to avoid filing for I-130 on my potential citizenship status obtainenance. That could take months, even if there is no imminent waiting period for an immeidtae relative of a US citizen.

3. Is obtaining B-1/B-2 visa for kids even an option?

4. How much rope does wife have on her green card fr stay outside US. She has all the TIES AND INTENT TO MIGRATE TO US. She has filed joint taxes, owns a joint home, completed citinzenship finger printing. Is she strictly held to 6 months, or is it okay if she has 8/9 months? Can she re-enter and will this affect her potential citizenship?

Someone with knowledge please help me ASAP WITH detailed answer and procedures.

[ember]

Hi

This is a weird sitUATION. My wife and i are LPR's, now since late 2012.

Kids born in India late last year/early this year time frame. Can my wife bring back kids under some two year rule (CCA Act of 2000) on her green Card. I am not able to get a straight answer from either USCIS or State dept.

1. Do I need to obtain some kinda document from Chennai consulate; as in my wife? What document would that be? or my wife will be able to board any airline without any requirement for any documentary evidence to board the aircraft?

2. At port of entry, will their passports be simply stamped as I-551 stamp on the passport?

Can someone please explain ASAP how I can solve this situation easily. I want to avoid filing for I-130 on my potential citizenship status obtainenance. That could take months, even if there is no imminent waiting period for an immeidtae relative of a US citizen.

3. Is obtaining B-1/B-2 visa for kids even an option?

4. How much rope does wife have on her green card fr stay outside US. She has all the TIES AND INTENT TO MIGRATE TO US. She has filed joint taxes, owns a joint home, completed citinzenship finger printing. Is she strictly held to 6 months, or is it okay if she has 8/9 months? Can she re-enter and will this affect her potential citizenship?

Someone with knowledge please help me ASAP WITH detailed answer and procedures.

You should talk to a lawyer if your situation is complicated. But in my personal opinion your wife shouldn't stay more than 6 mos, USCIS has been nasty in some of those cases, even trying to deny someone who stays 182 days for family emergency and then tries to re-enter.

[ssubbarama001]

LPR stay longer than 6 months in India

You should talk to a lawyer if your situation is complicated. But in my personal opinion your wife shouldn't stay more than 6 mos, USCIS has been nasty in some of those cases, even trying to deny someone who stays 182 days for family emergency and then tries to re-enter.

I called USCIS. They told me that Its okay to stay longer than six months, as long as she is lesser than 12 months. I have heard this from many many folks. The only thing is she may jeopardize her existing N-400 application.

[newacct]

Hi

This is a weird sitUATION. My wife and i are LPR's, now since late 2012.

Kids born in India late last year/early this year time frame. Can my wife bring back kids under some two year rule (CCA Act of 2000) on her green Card. I am not able to get a straight answer from either USCIS or State dept.

While the child is under 2 years of age, the child can accompany either LPR parent on that parent's first return to the US after the child's birth, and the child will enter as an immigrant (i.e. be admitted as a permanent resident) without needing any immigrant visa. The "first return" part is important -- if you and your wife have previously returned to the US after the child's birth, this route is no longer available. See 9 FAM 201.2-3(3) and this answer from the CBP.

1. Do I need to obtain some kinda document from Chennai consulate; as in my wife? What document would that be? or my wife will be able to board any airline without any requirement for any documentary evidence to board the aircraft?

As far as the US government is concerned, the kids do not need any kind of document from the US to enter the US as immigrants. However, airlines might not be willing to board them. In order to satisfy the airline, you can obtain a transportation letter (boarding foil) from the US consulate which relieves the airline of liability for transporting the kids. You do not have to file any form or pay any fee for this transportation letter.

2. At port of entry, will their passports be simply stamped as I-551 stamp on the passport?

yes

[ssubbarama001]

Mother not present

Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3 _ This case is not quite under the aforementioned heading.

Can I complicate the situation a bit further. If mother was not present at the time of birth (but only departed US after their births), but intending to return with the kids on her first return to the US. Obviously such a situation can only happen in a surrogacy. But mother is the legal mother and considered as such by the laws of the jurisdiction where this was performed. Mother is also mother on both Birth certtificates and Indian passports. Can we still do this, with merely a transportation letter from someone?

can someone authentic please reply.

While the child is under 2 years of age, the child can accompany either LPR parent on that parent's first return to the US after the child's birth, and the child will enter as an immigrant (i.e. be admitted as a permanent resident) without needing any immigrant visa. The "first return" part is important -- if you and your wife have previously returned to the US after the child's birth, this route is no longer available. See 9 FAM 201.2-3(3) and this answer from the CBP.



As far as the US government is concerned, the kids do not need any kind of document from the US to enter the US as immigrants. However, airlines might not be willing to board them. In order to satisfy the airline, you can obtain a transportation letter (boarding foil) from the US consulate which relieves the airline of liability for transporting the kids. You do not have to file any form or pay any fee for this transportation letter.


yes

[inadmissible]

No. The mother was not abroad at the time of birth, so the child does not meet the requirements for NA3