immunise

Hi

I will re-enter the US next month after an 11 month absence...and yes, I know I may get hassle at immigration!

What I need to know is, do I need a special visa for my UK born son (UK & Canadian citizen) who will be 12 weeks old when we fly? I recall reading somewhere that he could just enter with me as he is under two but I'm not sure if this is just another urban myth!

Thanks

Paul

Elvira

Will your son's mother be accompanying you and him?

What is her citizenship and status? Are you two married?

immunise

Hi

She is a Canadian citizen on a TN visa. She will have to go through the non immigrant line. We are married.

Thanks

Paul

Elvira

You have to go through the same line because you only complete one customs form. You might as well choose the PR line because either way you are going to be sent to Secondary Inspection.

Anyway, here is the information you need:

"Legal Permanent Resident Parents

A child born abroad of legal permanent resident parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent's initial return to the U.S. within two years of the child's birth with documentation showing the parent-child relationship. If the child is not brought back to the U.S. when the parents initially enter the U.S. (following the birth) within this time period, the child must obtain an immigrant visa to enter the U.S. In this case, the legal permanent resident parent(s) must file an immigrant visa petition with the U.S. Citizenship and Immigration Services (see Bringing My Children to Live in the U.S.).

If you are currently outside the U.S., contact the nearest U.S. Consulate or Embassy for more information. For advice in the U.S. on your specific situation, call the Office of Overseas Citizens Services at 202-647-5226, or the Visa Services office at 202-663-1225. You may also contact your nearest USCIS office, or the USCIS toll-free information service at 1-800-375-5283. If you would like to apply for an immigrant visa for your child, see Bringing My Children to Live in the U.S."

See http://www.foreignborn.com/visas_imm...rth_abroad.htm

Bob

being aboard for so long, you might want to look into a returning resident visa......

Elvira

Do you mean a re-entry permit (form I-131)?

If they have not already applied, it'll be too late if they are planning to return next month as it takes at least 2-3 months to get.

If they have been gone less than a year and have maintained a residence in the US, a can provide a good reason for having been away, they should be okay. Though if it were me I would at least have a telephone consultation with a qualified immigration attorney.

immunise

Thankyou. This is what I read but it's nice to have it clarified!

regards

Paul

Joe Feise

Elvira wrote on 1/24/2007 9:45:
>> being aboard for so long, you might want to look into a returning
>> resident visa......
>
> Do you mean a re-entry permit (form I-131)?

Reentry permit and Returning Resident Visa (SB-1) are two different things.
The OP doesn't need an SB-1. The GC is still a valid entry document if
entering within 1 year of leaving.
See http://travel.state.gov/visa/immigrants/info/info_1333.html

> If they have not already applied, it'll be too late if they are planning
> to return next month as it takes at least 2-3 months to get.

Application for a reentry permit requires the applicant to be in the US.

-Joe

meauxna

No, I think Bob is referring to an SB-1 visa, for returning residents.

Bob

that's the one, just couldn't remember the the number