french wrote on 11/14/05 18:18:
> Hello,
>
> My husband and I are both Green Card holders temporarely residing
> outside of the US (in Canada) with our two older kids, both born in the
> US. We have been relocated in Canada for the last four year and are
> planning to return to the US soon. We all have valid re-entry permits
> or passports.
>
> However, while temporarely living in Canada, we had a third child. As we
> are planning to return to the US, we are finding out the hard way that
> this child does not have a status in the US and that we cannot bring her
> in easily.
>
> So far, the only options we have are 1) apply for immigrant visa for her
> and wait 3 to 4 years in Canada, or 2) go to the border and try asking
> for advance parole for her to get in the US.
>
> The first option won't work for us; too long. The second option does not
> seem very workable either; I've never heard of someone getting advance
> parole at the border.
>
> We were strongly advised against simply taking her in with us without
> saying anything at the border, because we would be committing fraud and
> could loose our green cards.
>
> Any workable suggestions? Thanks!
>
If the child is under 2 years, and the child accompanies a PR parent to the US,
and it is that parent's first entry in the US after childbirth, the child gets a
GC right at the border.
8 CFR 211.1(b)(1):
"(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section
shall be granted without fee or application by the district director, upon
presentation of the child's birth certificate, to a child born subsequent to the
issuance of an immigrant visa to his or her accompanying parent who applies for
admission during the validity of such a visa; or a child born during the
temporary visit abroad of a mother who is a lawful permanent resident alien, or
a national, of the United States, provided that the child's application for
admission to the United States is made within 2 years of birth, the child is
accompanied by the parent who is applying for readmission as a permanent
resident upon the first return of the parent to the United States after the
birth of the child, and the accompanying parent is found to be admissible to the
United States."
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |
