Non-US citizen wanting to bring your baby into the US?

Non-US citizen wanting to bring your baby into the US?

Postby HammockGuy » April 13th, 2012, 5:37 pm

I recall a few couples who were from the US, but not US citizens (Green Cards); and wanted to bring their babies into the US. I am by no means knowledgeable on this topic, but there is interest, so please feel free to discuss here. Thank you mama78!
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Re: Non-US citizen wanting to bring your baby into the US?

Postby snv1979 » April 14th, 2012, 6:41 am

Hi,

I think you are querying about an Indian Citizen with a Green Card / Permanent Residency in another country e.g., US, UK, etc.,

The process should be straight forward - get an Indian Citizenship (passport) for your child and an American Visa, based on your visa. Your child will get Indian Citizenship, if both parents are Indian Citizens at the time of Birth. You can get some basic information & links in Wikipedia. Please search for "Indian Nationality Law". This answers questions about people seeking Indian Citizenship for their child born in Anand, when parents are not Indian Citizens.

In the case of UK, I understand that PR (ILR) is considered akin to a British Citizen and one would require to follow the same proceedures as a British Citizen would. However, the process should be fairly quick as there is no need for a British Passport.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby Blessed mommie » May 22nd, 2012, 2:44 pm

I can honestly say the man that is head of the Indian passport office does not like Dr Patel he cursed her up one side and down the other when we were there almost two years ago, he thinks what she is doing is wrong and taking advantage of the poor women in India.. After much headaches we were able to get an Indian passport for our baby based on the fact that my husband was an Indian citizen but it cost us several hundreds of dollars. As everyone should know you can get anything you want in India if you have the money. However the law does state that even though a baby is born in India that does not make them a citizen, both parents are suppose to be living in India when the child is born to get citizenship..
The man at the passport office told us that he should not be giving our baby a passport based on Indian citizenship Just because the baby was born there and the father is a citizen hence we have no intentions of staying in India. He stated that we should be Getting USA citizenship for the baby based on me being a USA citizen, the only reason we did not go that route at the time was we did not have the time to wait for the DNA process with the USA consulate it takes about a month or longer my husband had to return to work and did not want us there without him. The man also stated that they are trying to pass a law to make sure that the country the IP's are coming from will give citizenship to the baby/ies born through surrogate and accept the baby/ies into the county after birth prior to starting the surrogate process. There was another couple there that had twins when we were there, they tried to get Indian passports for their twins and were denied, they had no choice but to wait it out and go through the DNA process with the USA. Thank God when we go through this again starting next month we will not have anything to worry about hence we both are USA citizens now
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Re: Non-US citizen wanting to bring your baby into the US?

Postby ann2003in » June 1st, 2012, 9:09 am

Hi,
Am new into this forum.I already had 2 surrogacy cycles using my eggs,but negative.So we are going to go for donor eggs.
My husband is a US green card holder{indian citizen}.So I would like to hear from others about bringing the baby back to US if it works out.
Thank you.
Ann.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby Madyson » June 3rd, 2012, 9:50 am

Ann - I would like to hear any information as well. If we have to use donor eggs, we will be in the same boat (I am a citizen and husband is green card/permanent resident. He is originally from India, so if not a citizen of US and we have to use donor eggs, the child will be born a citizen of India if we do it now.)

Currently this is the impression that I have gotten:
the child can not become a citizen of US, unless one of the biological parents are. Donor eggs will not be considered proof of citizen ship as the child's DNA must match the parent who is a US citizen. DNA tests are done on parents while in India and after birth of child, so no way to do them on egg donor. Should my eggs not be viable, then we will need to wait for hubby to become citizen or look into me adopting our child.

Here is info from the consulate: http://newdelhi.usembassy.gov/service/r ... tions.html

That's all I know for now.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby ann2003in » June 8th, 2012, 10:15 pm

We contacted US consulate. And they said - If we use donor eggs and PR' s sperm the baby will be Indian citizen since he is Indian ( US PR). Then he has to apply for I-130(petition for alien relative ).It might take time. I can't think Of leaving my baby somewhere far while I am
here. So I think we are better off waiting untill husband is a citizen .If anyone else has Any other info??
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Re: Non-US citizen wanting to bring your baby into the US?

Postby snv1979 » June 18th, 2012, 12:01 pm

The easier way out, I guess, would be to get an Indian Passport and get a US Visa for your child. And, whenever your husband becomes a US citizen, I think your child should get US citizenship. The child would follow the Immigration status of the parent (in this case, it should probably be read as biological parent). Atleast, this is what is the case across Europe. This is an avenue you could explore.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby mama78 » August 9th, 2012, 6:58 am

Hi,

Myself and my wife both are Indian citizens with US Green Card. I have been doing some research lately as I have to bring my twins back to US this December.
From what I understand is, process is simple, we need to use the birth certificate to apply for Indian Passport. Once we have the passport and if the kids are traveling with mother for the first time, we don't need any VISA for babies. All we need to do is babies should travel back with mother on her first trip to US after kids birth and kids should be less than 2 years old.

Please confirm if this information is correct, if any of you knows more about this, please provide more information.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby Renu » January 31st, 2013, 1:42 pm

Hi all,

I am Indian origin naturalized US Citizen and mu husband has a green card..we are trying to find out how can we bring a baby to USA.
Due to my medical problem i will not be a biological mother but my husband who has a green card will be a biological father.
What is the process to get baby to USA ??
How long does it take??
Please share your experiences
Thanks
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Re: Non-US citizen wanting to bring your baby into the US?

Postby tweet80 » June 5th, 2014, 8:22 am

Hello everyone,

My husband and I are expecting our baby this year. We used donor eggs and my husband is a Permanent Resident (Green Card). I want to know the process to bring the baby back to the US. Any information is appreciated. Thank You.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby spanky » June 5th, 2014, 8:45 am

This is the official process: http://mumbai.usconsulate.gov/reporting ... tions.html
I would read and review this carefully. You may contact the consulate via phone or email for clarification or questions. You should also consider enlisting help through the clinic to get through this. Especially the exit visa which requires navigating Indian bureaucracy and corruption..

Good luck to you.

tweet80 wrote:Hello everyone,

My husband and I are expecting our baby this year. We used donor eggs and my husband is a Permanent Resident (Green Card). I want to know the process to bring the baby back to the US. Any information is appreciated. Thank You.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby punch_g » June 8th, 2014, 9:33 am

We are in the same boat.
My wife and I are Indian citizens and US green card holders. We are expecting our twins through surrogacy in Aug 2014. We are the genetic parents of the twins.

We are not really sure of the easiest way of bringing the babies from India to US in terms of US visa/green card related issues. Any of you who went through a similar experience, can you please share your experience of bringing your babies back from India to US?

Does the rule below apply to cases like ours or do we need to take another route?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

Any advise would be greatly appreciated.
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Re: Non-US citizen wanting to bring your baby into the US?

Postby ssgupta » June 23rd, 2014, 12:17 pm

punch_g wrote:We are in the same boat.
Does the rule below apply to cases like ours or do we need to take another route?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during a temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e. green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.

Any advise would be greatly appreciated.


Yes, this rule applies - we used it in March of 2014. A little difference being that we had relocated to India sometime before the start of the process and were residing in India as Indian citizens (but GC holders).

When we decided to move back to USA, the babies were 1 yr old, and it was my first trip to USA after the birth of the twins. So, we used this rule and were able to gain entry. The kiddos got their GC by mail in 2 weeks (they give u a temp GC at the airport).

However, most consulate officers are not familiar with this rule, so play safe and bring a printout from one of the consulate pages. You will be escorted for a separate interview, at which point you will have to produce the needed docs (check the consulate pages). Also carry some extra photos of the kids. None of the consulate pages had this as a requirement but we were asked for those in the extra interview. Thankfully we were carrying some extra photos.

Good luck!
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Re: Non-US citizen wanting to bring your baby into the US?

Postby siri_puja » October 1st, 2014, 1:24 pm

Hello
Me and my husband are Green card parents trying to have surrogate baby from India. We both have our Indian passports. I would greatly appreciate any advice you can give us in regards to bringing my child/children back to the states without running into any immigration issues

Thanks
S
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Re: Non-US citizen wanting to bring your baby into the US?

Postby pParalysis » March 31st, 2017, 5:04 am

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Shop online lolli living Australia bedding for kids.
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