Pregnant and hoping to travel home to Canada for Christmas

[usmcwife 3]

Hi everyone... It's been so long since I've posted here but I haven't had any new immigration related issues recently. This Christmas I was thinking about travelling home to Canada to visit family, however, I will be about 32 weeks pregnant at that time. I was wondering what types of immigration issues we might have if I went into early labour and tried to bring our baby back into the USA. Does anyone know the process or how long it takes? Oh yeah, for a bit of background, I'm a Canadian citizen and a conditional permanent resident of the US and my husband is a US citizen and Marine who is currently deployed in Afghanistan (he'll be back about 10 days before the due date so he wont' be here for christmas).

[at long last 58]

Hi everyone... It's been so long since I've posted here but I haven't had any new immigration related issues recently. This Christmas I was thinking about travelling home to Canada to visit family, however, I will be about 32 weeks pregnant at that time. I was wondering what types of immigration issues we might have if I went into early labour and tried to bring our baby back into the USA. Does anyone know the process or how long it takes? Oh yeah, for a bit of background, I'm a Canadian citizen and a conditional permanent resident of the US and my husband is a US citizen and Marine who is currently deployed in Afghanistan (he'll be back about 10 days before the due date so he wont' be here for christmas).

are you wanting to have the baby here in Canada?...Not too sure what the immigration implications would be if you have Baby in Canada... I would be doing a lot of research first though... Good luck.. looks like I will still be here in Canada for Christmas... Hoping my Honey might come up here for a visit.

good luck and keep us posted on your situation...

Terri

[Jojo92122 1,924]

You will not have any problem bringing your child back to the US.

Your child will be a US citizen. You may need to file a CRBA and US passport for your child. Alternatively, an LPR who gives birth while temporarily outside the US may bring the child back to the US without a visa.

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http://canada.usembassy.gov/consular_services/birth-abroad.html

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http://mumbai.usconsulate.gov/legal_permanent_residents.html

I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

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.

[usmcwife 3]

are you wanting to have the baby here in Canada?...Not too sure what the immigration implications would be if you have Baby in Canada... I would be doing a lot of research first though... Good luck.. looks like I will still be here in Canada for Christmas... Hoping my Honey might come up here for a visit.

good luck and keep us posted on your situation...

Terri

Thanks! I wasn't planning on having her in Canada but I am curious to know what the process would be if she just decided she wanted to be born there anyway. LOL. If that process seems like it might take some time then I might not go. I don't want to miss my husbands return from Afghanistan because my daughter decided to show up early!

[usmcwife 3]

You will not have any problem bringing your child back to the US.

Your child will be a US citizen. You may need to file a CRBA and US passport for your child. Alternatively, an LPR who gives birth while temporarily outside the US may bring the child back to the US without a visa.

==================================

http://canada.usembassy.gov/consular_services/birth-abroad.html

==================================

http://mumbai.usconsulate.gov/legal_permanent_residents.html

I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

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.

I wonder if it is the same for Conditional Permanent Residents as well. Great idea on filing for a CRBA though... I wonder how long that process takes. I'll have to do some more research.

[brooksie 3]

either way the child will be able to be a dual citizen you should have no issue

[Jojo92122 1,924]

I wonder if it is the same for Conditional Permanent Residents as well. Great idea on filing for a CRBA though... I wonder how long that process takes. I'll have to do some more research.

The only difference between a conditional legal permanent resident and a permanent resident is that the conditional LPR status expires in 2 years unless the LPR files to remove the condition. Otherwise, there is no difference between the two.

With your husband in Afghanistan, it might complicate the CRBA if a DNA test is requested.

[usmcwife 3]

either way the child will be able to be a dual citizen you should have no issue

I do understand that, I was just wondering how long the process would take before I would be able to bring her home. My husband returns from his 6 month long deployment in February and I am just trying to figure out if I went into early labour and had her in Canada would I make it home in time to see him when he gets back.

[SapphireDreams 71]

You likely will not be able to fly back. The airlines have rules on that, not sure what they are but if you plan to fly, I'd call the airlines and understand their process.

If you're driving, I don't think you'll have any issues with being pregnant.

I would look into healthcare though, your OHIP is likely no longer available to you, so you might be required to pay Ontario for whatever healthcare you receive. Unless your insurance covers you, which I'd look into.

Personally, I don't think I'd go, especially if it was my first and I had no idea if I was the type to go into early labour. Too risky.

[Colleens 40]

I would be leary of traveling at that point in my pregnancy. Also I know when I wanted to travel back to Canada after I had my LO I needed to have a passport for her. This meant I had to wait to get her birth certificate and her SSN. This took about 6 weeks, then I had to get her passport which was another couple of weeks. So I am assuming that you would have to do the same if your baby was born in Canada. I think it takes a lot longer to get a birth certificate in Canada (I have had friends who waited months).

As previous posters said that the baby will be a dual citizen, but you need to have the documents to prove that at the border!! Both times I have traveled with my LO they have asked me at the borders (both going and coming back) for the notarized letter from my husband acknowledging that he was aware and approved of me taking our child out of the country. Even though your husband is deployed you might require something like that from him.

Good luck. I hope that you have a smooth and easy delivery when the time comes!!!

[Udella&Wiz 325]

You likely will not be able to fly back. The airlines have rules on that, not sure what they are but if you plan to fly, I'd call the airlines and understand their process.

If you're driving, I don't think you'll have any issues with being pregnant.

I would look into healthcare though, your OHIP is likely no longer available to you, so you might be required to pay Ontario for whatever healthcare you receive. Unless your insurance covers you, which I'd look into.

Personally, I don't think I'd go, especially if it was my first and I had no idea if I was the type to go into early labour. Too risky.

Provincial healthcare was gone the day the OP moved to the US and ceased to be a resident (judging by the OP's timeline back in 2010)....definitely look into your'Out of Country' coverage to see how an emergency birth would be handled.

[canafornia 7]

The baby, if she did come early, would be covered by OHIP.

Service Ontario will 'expedite' forms, we sent a letter asking them to rush our marriage certificate and got it in less than two weeks.

I would go if I were you, family is the best part of christmas.

[hikergirl 277]

The baby, if she did come early, would be covered by OHIP.

Service Ontario will 'expedite' forms, we sent a letter asking them to rush our marriage certificate and got it in less than two weeks.

I would go if I were you, family is the best part of christmas.

The Baby would not be covered by OHIP. Found this on the OHIP site:

My baby was born in an Ontario hospital but we are only visiting Ontario for a short period. Can we use the Ontario Health Coverage Infant Registration form to register our baby for Ontario health coverage while we are here?

No. Tourists, transients or visitors are not eligible for OHIP coverage. For a child born in Ontario to be eligible for Ontario health insurance coverage they must make their primary place of residence in Ontario, and be physically present in Ontario for at least 153 days in any 12-month period to retain OHIP coverage.

If you are visiting Ontario from another province or territory in Canada, contact your home province/territory regarding health insurance coverage for your baby and any insured services received while visiting Ontario.

Honestly, I think it would be a logistical nightmare for you to have your baby in Canada when your husband is deployed.

[canafornia 7]

Sorry, I had just recently had a conversation with a friend and when she told me this it made sense to me, she had a baby out of country but had been looking into coming back to Canada for the birth so I thought she was well informed, obviously not. My apologies for the misinformation.

[hikergirl 277]

Sorry, I had just recently had a conversation with a friend and when she told me this it made sense to me, she had a baby out of country but had been looking into coming back to Canada for the birth so I thought she was well informed, obviously not. My apologies for the misinformation.

It would be an easy assumption to make. I just remembered we had to do something a little different with the military families posted in from overseas and their healthcare.

I hope that the US Military has some family style functions for those who can't travel for Christmas or some of your family can travel down to you.

Edited November 2, 2011 by hikergirl