Child born abroad to Green card holder + AOS applicant

[krishna1976]

1) I received my Green card recently and not my wife due to visa retrogression.
She is still on "Adjustment of Status" and she gave birth to our child last week.

Can I know how to bring our child to United states now ?.

This is what I found while doing research on this topic :

"A child born abroad of legal permanent resident parents may enter the U.S. without a visa
provided the child is accompanied by a parent upon that parent's initial return to the U.S.
within two years of the child's birth with documentation showing the parent-child relationship."

Now, my question is :

a) Does both the parents need to be legal permanent residents to bring the
child to United States?

b) Can my wife bring our child without visa ?. If visa is needed, what is the type of visa
under which our child is eligible ?

c) Can I go and bring the child ? Or is it only mother ?.


Thank You,

Regards,
Kamalakar

[krishna1976]

No one willing to help me on this ?

[aftergcquestions]

Kamalakar
I am not sure if this reply will be too late for you

a) Not sure about this. But, Since your wife is on AOS, I suppose she does a valid travel document to enter into the U.S. and you are already a permanent resident. If both of you have valid documents to enter the U.S, there should not be any problems.

b) No visa is required for the child if he/she is less than 2 years AND either of the parents must be applying for readmission upon first return after the birth of the child. i.e., you and your wife cannot leave the baby alone and enter the U.S, when the baby is entering for the first time, atleast one of the parents must have a first return with the baby

c) I think just you should be able to bring the baby.

I am posting the U.S DOS page regarding this law, please have this printout handly when you enter the U.S. with the baby

http://foia.state.gov/masterdocs/09FAM/0942001N.PDF

As always, It is always BEST to check with a lawyer rather then depend on information provided here. I may have provided incorrect information, it is upto your judgement to use it.

and if you can, could you please post a reply as to what happens when you do bring your baby, that is some information that I cannot find on any forum.

[krishna1976]

Thanks a lot. I will post my experiences once I go through this.

[aftergcquestions]

that would be great krishna, I would be eager to know ur experience.
congrats on your baby.

To provide you some more information, I recently entered the U.S and during immigration, I asked the officer as to what documents would be required to bring the baby back from India

He said - the baby's passport, birth certificate, and all medical records of the baby including the vaccination records. Of course, have your marriage certificate also with you.

Good luck

[krishna1976]

Hi,
Thanks a lot for replying back and also for your wishes. I consulted an attorney regarding this and she said that the law does NOT apply in my case and I may not be able to get my child to USA directly. . I am confused on what to do now ?. Does Immigration Officer cross check on mother's Green Card too ? She pointed to the following para of the law:

8 CFR 211.1(b)
"(b) Waivers.

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

[immihelp]

Look at https://www.immihelp.com/i-485-adjus...or-dependents/

[venkitv]

Krish,

Could you please share your experience after returning to US? Were you able to get GC for your kid?

Thanks,

V

[gvessere]

Hi,
Thanks a lot for replying back and also for your wishes. I consulted an attorney regarding this and she said that the law does NOT apply in my case and I may not be able to get my child to USA directly. . I am confused on what to do now ?. Does Immigration Officer cross check on mother's Green Card too ? She pointed to the following para of the law:

8 CFR 211.1(b)
"(b) Waivers.

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.

Hi Krishna,
I am in a similar situation: My wife will not have a green card by the time my child is born, she will be waiting for it using the Follow to join process. What ended up happening when crossing the border with the child?

thanks!

[linh.ng2310]

Hi Krishna,
I am in a similar situation: My wife will not have a green card by the time my child is born, she will be waiting for it using the Follow to join process. What ended up happening when crossing the border with the child?

thanks!

Hi, have you gone through with the process? I have been researching and I dont quite get the part

The LPR parent must cross the U.S. border with the child before the child turns two years old, and the parent must apply for readmission the first time they cross the U.S. border with the child.

I know you have to go to america before the baby turn 2, but what does it mean the parent must apply for readmission ? Readmission for the parent or for the child? If the parent is out of America for less than 1 year then re entry permit is not required right? I am so confused

If anyone knows about this situation, please share....

Thank you