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resident alien entering with family member who is not

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  • resident alien entering with family member who is not

    Need some advice, I am a U.S.resident alien working abroad for the united nations, and a canadian citizen. My daughter, 3 yrs old, was born overseas, thus she is a canadian citizen but has no green card. I have visited our home in the U.S. twice with her, had some questioning but was allowed in. I have NOT yet applied to sponsor her for a green card because its my understanding that for the time we would have to wait, 3-5 yrs, for her to get a green card, the application would signify an automatic intention to immigrate, thus she would not be allowed in the US as a visitor- is this not correct? or- am I better off applying for her and when we visit the U.S., I tell the inspectors that although she is only visiting on this particular trip, I have applied for her green card with me as the sponsor.
    Any help advice greatly appreciated,

  • #2
    Need some advice, I am a U.S.resident alien working abroad for the united nations, and a canadian citizen. My daughter, 3 yrs old, was born overseas, thus she is a canadian citizen but has no green card. I have visited our home in the U.S. twice with her, had some questioning but was allowed in. I have NOT yet applied to sponsor her for a green card because its my understanding that for the time we would have to wait, 3-5 yrs, for her to get a green card, the application would signify an automatic intention to immigrate, thus she would not be allowed in the US as a visitor- is this not correct? or- am I better off applying for her and when we visit the U.S., I tell the inspectors that although she is only visiting on this particular trip, I have applied for her green card with me as the sponsor.
    Any help advice greatly appreciated,

    Comment


    • #3
      If you tell the officer that you have a petition pending for your daughter or that you intend to apply for her once in the States, then she won't be allowed in as the entry will be viewed not as a temporary visit.

      Comment


      • #4
        how can you "live" in the US but have a 3 y/o who's "visiting"? How come she didn't get a GC when you did? If she was born while you had a GC -- you could've gotten her one on her first trip into the US.

        I suggest getting a lawyer. Or keeping her in the US, get her schooled and when you become a citizen -- hopefully she'll become one too.

        -= nav =-

        Comment


        • #5
          I remain a permanent resident but had overseas contracts with the United Nations, but always returned every couple of months and US remained my only residency, however my daughter was born overseas, long after I recieved my GC, therefore she did not have derivitive rights to the GC, I would have to sponsor her.
          I believe my best strategy remains, when I qualify with the physical presence requirement, to finally get my citizenship and then my daugher would be naturalized as well. I think.

          Comment


          • #6
            i'm pretty sure you could've brought her back within 1 year of her birth and registered her as a permanent resident as her parent.

            -= nav =-

            Comment


            • #7
              As a lawful permanent residence workind abroad for a U.S. Company, you could have gotten to the Consulate during the pregnancy and inform them of the future birth of your daughter. Once born, you neede to enter the U.S. befor her first year and she would have been admitted as a lawful permanent resident. Unfortunately you will now need to petition for her with the service center with jurisdition of your US residence.

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