QUESTION
If I take my child during my next visit, will he also automatically be a green card holder?
Asked on Jul 20th, 2013 on Immigration - Texas
More details to this question:
My husband and I are green card holders since March 2013. I am expecting a baby but I will have to give birth in India.
5 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you give birth to your child in India, the child will not become a green card holder automatically. In order for the child to immigrate to the U.S, you or your husband will need to submit an I-130 petition on the child's behalf. It can take up to a 2-4 years to process the paperwork before the child will be able to come to the U.S. Thus, it is highly recommended that the child is born in the U.S. prior to traveling to India.
Answered on Aug 02nd, 2013 at 10:20 PM
Adebola O. Asekun
No, a child born abroad both of whose parents are legal resident aliens is not thereby a legal resident. You may have to apply for a green card for that child. If and when either of the parents becomes US citizens, the child may then also become a US citizen by operation of law.
Answered on Aug 02nd, 2013 at 10:20 PM
Yes, your child will be a LPR if you bring him/her with you on your first entry to the US.
Answered on Aug 02nd, 2013 at 10:20 PM
If you give birth in India, the child will have no U.S. immigrant status. You will have to petition for the child as a child of a U.S. PR. It will take some time to get the green card.
Answered on Aug 02nd, 2013 at 10:20 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can go to the US consulate in India after the baby is born and they will give the baby a visa. Babies under 2 years born to Green Card holders can travel to US as permanent residents
Answered on Aug 02nd, 2013 at 10:20 PM