Legal Question in Immigration Law in California

I and my wife got our green card last month.Now my wife is pregnant.We have to go to our back country and for this reason my wife has to release baby in my country.

I want to know when my baby born in my country,how can we come back to USA with our baby.Our baby doesn't have green card.Can we apply for our baby our of USA.

What is the best suggestion for getting green card for our baby.

I do appreciate if you solve our problem.

Thanks

Farzin


Asked on 12/21/09, 3:16 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

You will need to contact the US embassy in your home country aftre the baby is born, and take the baby with you to USA the very first time you travel back to USA after the baby is born. The baby should be given a special document and upon his or her arrival in USA will become a permanent resident, as his parents.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 12/26/09, 3:24 pm

Without knowing more about your situation (e.g., when you obtained your permanent residence, why you are leaving, how long you are leaving for, how you obtained your permanent residence, etc.), if you are planning just a short trip outside of the U.S., and you and your spouse both intend on coming back to the U.S. in less than 6 months, you should make sure to contact the U.S. Embassy after the baby is born, and take the baby back with you to the U.S. on your first trip back when you return as permanent residents. You will be given a special document which will allow your baby to also be permanent residents, like his parents. Make certain to always maintain your permanent residence in the U.S. by paying your U.S. bills, taxes, rent, etc.

The above information is not to be construed as legal advice or an establishment of an attorney-client relationship. If you have questions concerning immigration issues, you may contact me off-line at my office at: 415-387-1364 or email: [email protected].

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Answered on 12/26/09, 3:34 pm


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