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F1 Student with US Citizen Baby. Any Problem at Port of Entry?

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  • F1 Student with US Citizen Baby. Any Problem at Port of Entry?

    Hi,
    I am on F1 Visa and will be completing my Masters in Dec 2017.
    I am thinking to travel to India in Oct 2017.
    I am traveling with my 6 months old baby( US Citizen) with valid OCI.

    My husband is on OPT status in US.

    Would it be any problem at Port of Entry while returning.

    Please let me know. Thanks

  • #2
    Congratulations on the little one

    In general, non-citizens are admitted or paroled into the United States at the sole discretion of the Customs & Border Patrol agent working at the port of entry. In particular, non-immigrants on B and F visas are required to overcome the CBP officer's presumption of the aliens immigrant intent each and every time. Because there are so many factors that go into the CBP officer's analysis, and many conclusions rely on the officer's gut instinct, it is never possible to have any meaningful assurance about the outcome ahead of time

    That said, I don't believe that having a US citizen baby in your traveling party automatically imputes immigrant intent

    Best of luck

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