Daughter born in Thailand, can she come to USA without visa?

[olen and aungkana 0]

My daughter was just born in Thailand, I am a USC and my wife has her green card but we decided to have the baby here in Thailand for various reasons. I know the process to file a counselor report of birth abroad but my problem is that the first appointment that the Bangkok embassy has for filing this is for after I have to return home to work. Can our baby come to America with a Thai passport and get her citizenship after she is there or are we going to run into problems brining her home if don't file the birth abroad report?

[payxibka 10,047]

Thai passport and visa? no

[Penguin_ie 5,996]

Congrats on the baby!

An American citizen (which your daughter is) must travel on a US passport. So yes, you will have difficulty getting her in the country without CRBA. Maybe contact the embassy and see if you can get a cancelation appointment?

[JimVaPhuong 4,863]

My daughter was just born in Thailand, I am a USC and my wife has her green card but we decided to have the baby here in Thailand for various reasons. I know the process to file a counselor report of birth abroad but my problem is that the first appointment that the Bangkok embassy has for filing this is for after I have to return home to work. Can our baby come to America with a Thai passport and get her citizenship after she is there or are we going to run into problems brining her home if don't file the birth abroad report?

She would not be able to enter the US with only a Thai passport. She'd need a visa. The consulate won't issue her a visa if she's got a claim to US citizenship. They'll insist you file the CRBA.

[Jojo92122 1,924]

If your child is a US citizen, then you will need to file the CRBA and apply for a US passport.

If for some reason your child cannot derive US citizenship from you (generally because the US citizen parent does not meet the 5 years US residency requirement), then your LPR wife can return to the US with her child without obtaining any visa. The child would become a US citizen after you apply for her to be an LPR after arrival in the US. See the following links below.

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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.

http://www.state.gov/documents/organization/87519.pdf

[JimVaPhuong 4,863]

If your child is a US citizen, then you will need to file the CRBA and apply for a US passport.

If for some reason your child cannot derive US citizenship from you (generally because the US citizen parent does not meet the 5 years US residency requirement), then your LPR wife can return to the US with her child without obtaining any visa. The child would become a US citizen after you apply for her to be an LPR after arrival in the US. See the following links below.

-----------------

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.

http://www.state.gov/documents/organization/87519.pdf

Interesting. I didn't know that. Thanks!