If you are a green cardholder temporarily residing abroad and have recently welcomed a baby, congratulations! However, it’s vital to be aware of an important requirement regarding your child’s entitlement to lawful permanent residence in the United States. Failure to comply with this requirement within two years of your child’s birth could jeopardize their automatic right to permanent residence, leading to a complex and time-consuming immigration process. In this article, we will explain the necessary steps you need to take to safeguard your child’s status. Don’t worry; we’ve got you covered!
Green Card Holder Alert: Child Born Abroad? Follow These Essential Steps!
Section 1: The Two-Year Deadline
According to immigration regulations, within two years of your child’s birth and upon your first reentry to the U.S. after the birth, it is crucial to bring your child to a designated port of entry for processing. Failure to do so may result in the forfeiture of your child’s automatic right to permanent residence.
Section 2: The Process
To ensure your child’s smooth admission as a lawful permanent resident (LPR) at the port of entry, follow these steps:
- Plan Ahead: Arrive at the border with your child before their second birthday. Timely action is essential to avoid unnecessary complications.
- Gather Documents: Prepare the necessary documents, including your child’s birth certificate and proof of your status and identity (green card/passport).
- Request Form I-181: Once at the port of entry, approach U.S. Customs and Border Protection (CBP) officers and ask them to complete Form I-181, the Memorandum of Creation of Record of Admission for Lawful Permanent Residence. This form ensures that your child is admitted as an LPR.
- Stay at the Port of Entry: It is crucial not to leave the port of entry until both the completion of Form I-181 and the admission of your child as an LPR have been confirmed.
Section 3: The Green Card Arrival
Following the successful completion of the process at the port of entry, your child’s green card will be issued by the U.S. Citizenship and Immigration Services (USCIS). It may take several weeks or months for the green card to arrive in the mail. Patience is key during this waiting period.
Section 4: Legal References
For further information and legal citation regarding this requirement, please refer to 8 CFR § 211.1(b)(1) and (2). These references provide detailed insights into the regulations and guidelines you need to follow.
As a green card holder temporarily living abroad who recently had a baby, it is crucial to understand and fulfill the requirements to secure your child’s automatic right to permanent residence in the United States. By following the steps outlined in this article and complying with the two-year deadline, you can avoid the need for a separate and complex immigrant petition filing on your child’s behalf. For any additional legal inquiries or clarifications, consult an immigration attorney. Act promptly and ensure your child’s future in the United States is protected!
Note: This post is intended for informational purposes only and should not be considered legal advice. It is essential to consult with a qualified immigration attorney for personalized guidance based on your specific situation.
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