Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S

Question details

A child is born to a lawful permanent resident mother during her temporary absence from the U.S. What must the parent do to be able to bring their child back to the United States and obtain LPR status for him/her?

Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.

     · A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.

     · The child must apply for admission to the United States within two years of birth.

FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), 30 June 2016

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending; 

Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.

H-4 EAD Employer Change

Question details

I have an approved I-140 with PD 2013. My wife works on H-4 EAD based on my I-140. If I join another company with my I-140(say I get H-1, my wife's H-4 and EAD for 3 years), Would it be fine if she continues to work on that EAD even if my I-140 gets revoked/withdrawn after H-1 approval.

USCIS has said if an I-140 is revoked, they reserve the right to revoke the H-4 EAD. So far, they have not been revoking.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

USCIS Policy Manual Update: Removing Obsolete Form I-643 from Filing Requirements for Certain Adjustment Applications

USCIS no longer requires refugees applying for adjustment of status under section 209 of the Immigration and Nationality Act to file Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status.