Permanent Resident 1-30 for Biological Daughter

[csh2020 10]

Hello fellow VJers.

 

I'm a UCS. My unmarried stepdaughter is immigrating next week as a permanent resident (10 yr). She is leaving her 4-month old baby in the care of a relative and will file an I-130 after getting here. We need to confirm that documents that she needs to gather  before leaving her home country. The list that I have is to begin the I-130 is:

 

The child (beneficiary):

1. Original Birth Certificate 

2. Two passport size photos (2x2)

3. Passport

 

The petitionioner (legal resident mother):

1. Green Card

2. Passport (with 551 stamp)

3. Birth Certificate

 

Are there any other documents needed? We need to make sure to be prepared before she leaves from there.

 

Also: I understand that it is plausible that she could file for a permit after receiving her Green Card to travel back and wait out the process with her baby in her home country? 

 

 

 

  

Edited August 22, 2021 by csh2020

[Boiler 45,516]

I understand she needs to do Biometrics first.

[csh2020 10]

4 minutes ago, Boiler said:

I understand she needs to do Biometrics first.

Who? The mother (petitioner/mother) has already done her biometrics. She has visa in hand ready to travel. We are just looking at starting the I-130 for the baby. 

[Boiler 45,516]

Sorry I assumed you would be applying for a re entry permit?

[SusieQQQ 11,586]

Is your stepdaughter under 21? 

[csh2020 10]

1 hour ago, SusieQQQ said:

Is your stepdaughter under 21? 

Yes she is 18

[carmel34 3,632]

4 hours ago, csh2020 said:

I understand that it is plausible that she could file for a permit after receiving her Green Card to travel back and wait out the process with her baby in her home country?

Yes this is possible, but a re-entry permit takes some time, she won't be getting it right away.  The baby's I-130 and then visa interview process will take 1-2 years, so if the mother plans on being outside the US that long, a re-entry permit will make it possible for her to return, without the need for a returning resident visa.  An I-131 should be filed after she arrives in the US and becomes an LPR.  The biometrics referred to is for the re-entry permit, she will be sent a biometrics appointment letter to the address on the I-131.  Once she files an I-131 to apply for the re-entry permit and has done the biometrics for it, she can leave the US.  She should indicate on the I-131 that she would like the re-entry permit, when issued, to be sent to the US embassy/consulate abroad where she can pick it up.  Good luck!

 

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

Edited August 22, 2021 by carmel34

[HRQX 4,145]

8 hours ago, carmel34 said:

Once she files an I-131 to apply for the re-entry permit and has done the biometrics for it, she can leave the US.

OP's daughter can leave the US after filing Form I-131 and then return for the biometrics appointment. See 8 CFR § 223.2(b)(1). Note that biometrics appointments for Reentry permit have recently been very low priority for USCIS:

Edited August 23, 2021 by HRQX