Medical expiring soon

[jan22 3,056]

10 hours ago, JudyC said:

. . .The parents have not yet applied for a passport for the baby even though I have been telling them for months to get one because she wants to bring the baby to the US. I have been researching the situation and if she stays out of the states less than one year she doesn’t need a reentry permit. We will be paying her immigration fee tomorrow online but it states the green card will not arrive in the mail for approximately 90 days but the USCIS says it is possible the immigrant could travel while waiting for the green card. We travel to Mexico quite often and we can take the green card to her asap. Does anybody know if she would really be safe returning right away for approximately 6 months?

I assume you are referring to a Mexican passport, right?  As I said in my previous reply, based on the information you supplied, the father does not qualify to transmit his US citizenship to the baby.  As stated before, there are two choices:

1. Your step-daughter can immediately file an I-130 for an F-2 visa for the baby, or
2. The US citizen father can file an I-130 for an IR-2 visa for the baby.

I am assuming that neither has already filed.  

 

The father filing for an IR-2 visa will likely be faster.  It also has an added advantage for the baby -- as the child of a US citizen, upon entering the US as a legal permanent resident to live with the US citizen parent, the baby would immediately become a US citizen, with no additional paperwork.

 

Your step-daughter can return to Mexico, using the stamp placed in her passport on entry with her immigrant visa, as proof of her residency status for up to one year -- the green card should certainly arrive within that time frame.  However, the process for the baby will likely take longer than "approximately six months".  It would likely be better for her to remain in the US long enough to apply for a Re-entry Permit, which would allow her to remain outside the US for up to two years, if needed.  She would need to submit the application, remain in the US until her fingerprints have been taken, and can then leave immediately.  The actual permit can be delivered to any of the US Consulates in Mexico for her to pick up.

 

Edited January 29, 2022 by jan22