Kid born in India after the CP interview

[swamisrini]

I finished my CP interview in the first week of July and my wife is pregnant in her advanced stages so I cannot travel to the US immediately but surely after the delivery, as I have the validity to enter till next year. Can anyone tell me if my newborn kid would be entitled for GC immediately or there is any process in place to apply for so that I can travel with my new born kid when I enter the US for the first time after the CP interview.

Thanks
Swami.

[kw177]

Kid born in India after the CP interview

Not Legal Advice:

Option 1:

If you are the primary applicant you can travel to the US First. When your wifeis able to travel you should return to India and travel back to US With her.

Reason: The Law says that the child born to a US Permanent Resident overseas is eligible for admission as a Permanent Resident as long as they are accompanying the Permentant Resident parent on the parents FIRST entry back into the US after the birth of the child.

In other words the child can accompany you only the first trip back to the US that you make after the child is born.

What you need to check: Check with the consulate/lawyer about wether or not you must be outside the US at the time of birth. If so you need to enter US and get back in time for the birth and then come back with the child.

Option 2:

Go to the consulate before entering the US and file a Immigrant Visa Application fo the Child. You can do this as long as your Visa is still valid and you have not yet entered the US. Once the application is in they will get a Visa number for the child. At this point I think (but Again check with Lawyer) you and your wife can enter whithout jepordising the childs Visa.

However the Cild could not come to US until IV is issued so you will have to enter one at a time or leave it with relatives for a couple of days until oone of you can get back.


Once again though I am not an attorney and this is merely my understanding. I would strongly advise you to talk to a qualified attorney who knows about this stuff.

[JoeF]

Actually, in this case, the mother is not yet a PR. But option 1 should still work.
The governing regulation is 8 CFR 211.1(b)(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."
See www.immigration.gov/lpBin...cfrsec2111

[swamisrini]

Kid born in India after the CP interview

Thanks a lot Joe