Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

LPR wife with new born daugther traveling on B1/B2 after I-130 application

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • LPR wife with new born daugther traveling on B1/B2 after I-130 application

    Hi, everyone!

    I am a permanent resident since June 2013.
    Last November, I submitted a form I-130 for my wife (we are both Italian citizens) and our case's priority date is December 2, 2016.
    We are expecting a baby girl and my wife is due in June 2017.
    I am also supposed to start my application for naturalization in March 2018 (90 days before the five-year term). So, my wife and I are waiting for the first event to happen: our priority date to become current or my oath of allegiance to take place.

    Since missing the first months of life of your first daughter is truly sad and painful, I am trying to find a legal way to live together with them for as long as possible, without disrupting my continuous presence in the US. At the same time, the longer I stay outside the US the less I am able to work, which would fail the main reason why I moved in 2008.

    I know that, by law, she is still allowed to enter the US on B1/B2, even though I have already applied for her family-sponsored green card.

    Question 1
    How likely is she going to be admitted at the port of entry, explaining the CBP officers the situation and telling them that she truly just wants to visit me for as long as the law allows her to stay on a B1/B2 visa?

    Question 2
    I know that if an LPR mother brings her new born child on her first trip back to the US after the delivery, the child gets LPR status right at the airport? Is this true if the LPR is the father and the mother is still an alien?
    Last edited by luigipulcini; 03-12-2017, 06:25 PM.

  • #2
    1. It's hard to say. It's more likely if she brings evidence to show that she has to go back to her home country and that she's not ready to immigrate yet.

    2. no

    By the way, did you marry before or after you became a permanent resident?

    This is my personal opinion and is not to be construed as legal advice.

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X