Baby born to LPR's outside US (NA3/Form I-181)

[Yasir Qureshi]

Hi - Me and my wife became US permanent resident 2-3 weeks ago. We have our baby born in Canada few days ago. We have never been to US after our first entry. Law to make baby PR is very clear and rules are also on CBP website.

https://help.cbp.gov/app/answers/detail/a_id/1774/kw/permanent%20resident%20child%20born%20abroad/session/L3RpbWUvMTQ4Nzc5NDI2OC9zaWQvMjg2b05VYm4%3D

Related to above:

http://myattorneyusa.com/children-of-lawful-permanent-residents-born-abroad

Now CBP agents at border are saying that we can't bring baby with us and they won't process her immigration. They told me (all phone conversations) to talk to USCIS or US embassy. I communicated with both and both are saying that law is very clear and CBP agent at POE will add baby as immigrant. US embassy email to me clearly mentions this too. I called CBP so many times and getting any good answers. We are planning to drive from Canada to US but now very confused as what to do.

Please help,
Thanks.

[rayb]

You have "locked horns" with discretionary authority of U.S. immigration staff (Border Patrol or similar), who are either unfamiliar with the rules regarding infants or are not satisfied that your child meets the requirement for visa-free entry.

So far your inability to bring the baby across has been told to you by telephone, rather than in person. That is one reason that you did not receive a clear answer that child can cross with you. Your question or manner of speaking may not have been clearly understood. Take copies of the rules you cited below, with a link from "help.cbp.gov" to the border with the child. If denied access for the child, ask for a written explanation from the officer, so that you have a basis for contesting the denial with the U.S. Embassy.

Immigration enforcement rules are changing by the day (as you may be aware), and you may find no alternative but to apply for a visa for the child.

--Ray B

Hi - Me and my wife became US permanent resident 2-3 weeks ago. We have our baby born in Canada few days ago. We have never been to US after our first entry. Law to make baby PR is very clear and rules are also on CBP website.

https://help.cbp.gov/app/answers/detail/a_id/1774/kw/permanent%20resident%20child%20born%20abroad/session/L3RpbWUvMTQ4Nzc5NDI2OC9zaWQvMjg2b05VYm4%3D

Related to above:

http://myattorneyusa.com/children-of-lawful-permanent-residents-born-abroad

Now CBP agents at border are saying that we can't bring baby with us and they won't process her immigration. They told me (all phone conversations) to talk to USCIS or US embassy. I communicated with both and both are saying that law is very clear and CBP agent at POE will add baby as immigrant. US embassy email to me clearly mentions this too. I called CBP so many times and getting any good answers. We are planning to drive from Canada to US but now very confused as what to do.

Please help,
Thanks.

[newacct]

You can obtain a transportation letter (boarding foil) for the baby from any US consulate, saying that the baby already has permission to enter the US without a visa. But the purpose of a transportation letter is for documenting to the airline and/or foreign country border controls that the person can already enter the US; it does not grant any new permission to enter for the purposes of US government officers like CBP as CBP is already supposed to know that the person can enter the US. But in cases like this of ignorant CBP officers, maybe it will help.