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N-400 and Green Card Child in India

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  • N-400 and Green Card Child in India

    Have a question on the N-400 form. Due to my wife's death, I had to leave my year and half old child in India. He is an indian born child who got his GC at the port of entry since both me and my wife have Green Cards.

    I have few questions regarding the N-400 form

    1. Since my child is not currently living with me here in US, I do have to put the Indian address for him. Do I have to write a letter explaining the situation ?
    2. Do I need any child support documents attached to the application. If so, what kind ?
    3. As part of N-400 is he going to get Citizenship as well or is he going to stay as GC holder until he stays in this country for 5 years ? If he does, then do I have to bring him here once approved ?
    4. Is this even worth it or should I just wait until I bring him here and then apply ?

    Any advice is greatly appreciated.

  • #2
    I am sorry about your wife's death.

    But there is an issue that requires immediate attention.

    You child can NOT live in India, as a GC holder, he can not be away from the US more than 1 year (without a re-entry permit i-131) and can NOT be absent for more than 2 years total. Or the child will lose the GC.

    Are you aware of that?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Yes, I am aware of the re-entry permit

      Thank you for the input. Yes, I am aware of the re-entry permit. Chennai consulate is aware of my situation.

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