Entry to US for a child of Green Card Holder

[RuchiBittu]

Hi,

Me and my husband are US green card holders. I have an Indian passport, while my husband has a Nepal passport. We want our child to be born in India. Once the child is born in India, what is the procedure of bringing him/her to the US with us?

TIA.

Regards,
Ankita

[newacct]

A child born during a temporary visit abroad of a permanent resident mother, can be brought back to the US within 2 years of birth, along with a permanent resident parent on that parent's first return to the US after the child's birth, and the child can enter the US as an immigrant without needing an immigrant visa. See 9 FAM 201.2-3(b)(2):

(2) Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if
(a) seeking admission within 2 years of birth; and
(b) accompanied by either parent, who is applying for readmission upon first return after the birth of the child. The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa.

Airlines are allowed to board such a child for travel to the US without a visa. See the CBP carrier information guide, page 2 (10th page in PDF):

Exceptions
Child born abroad to lawful permanent resident may be boarded if the child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States. However, the child’s application for admission to the United States must be made within two years of birth and 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

But if the airline is not willing to board the child, you would have to file I-131A (and pay the fee) with a US consulate for a transportation letter. See the USCIS I-131A page, under Special Instructions:

If you have a child who was born outside the United States and is coming to the U.S. for the first time, you may need to request carrier documentation if:

• You are an LPR or have an immigrant visa;
• Your child is under 2 years old; and
• Your child is traveling with you to come to the United States for the first time.

We recommend checking with your airline or transportation carrier first to ensure they will board your child in these circumstances without carrier documentation. If the airline or transportation carrier refuses to board your child without carrier documentation, you will need to pay for and submit a Form I-131A for your child.

[RuchiBittu]

This helps. Thank you!