Child Born Before Permanent Resident Status

N

natsha7

New Member
We are a family of four; the husband, wife and one of the children have obtained Immigrant Visa's through the DV lottery in Sep,2014. The three of us travelled to the USA and became Lawful Permanent Residents. As for our second child, born in Apr,2014, we were not able to add him to our petition/case at the time due to delays in issuing his passport.

We want the child to travel with us to the United States, my questions: what do I do now knowing that our immigrant visa (DV Visa) was issued at the US Embassy in Jerusalem and knowing that the 3 other family members have already obtained the Lawful Permanent Resident status upon travelling to the United States.

I am really confused between Follow-to join benefits, I-485, I-130 ..etc. How should I proceed so that my child gets a permanent residence status? any advice is highly appreciated.
 
As I understand, any visas for the DV beneficiary and derivative beneficiaries must be issued before October of the year you got the DV. Once the fiscal year ended (end of September), the child who didn't get a visa can no longer immigrate based on your DV.

The only other way to immigrate would be for one of you to petition the child to immigrate as the child of a permanent resident. It would be in the F2A category, which currently has a wait of 1-2 years.
 
If this is my only option, what are the options for the child to travel with us for the time being, should we go with a B2 visa for example? is this something doable?
 
natsha7 said:
If this is my only option, what are the options for the child to travel with us for the time being, should we go with a B2 visa for example? is this something doable?
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I'm confused - your child was born in April 2014 yet you could not add him by Sept so he could also be an LPR? I know that a child born to an LPR even if outside the US is processed as a LPR without needing a visa on child's first entry if it is parent's first entry or first re-entry after having the child. I am pretty sure that there is a way you can process this child as an LPR as he is still so young, please contact the embassy and ask them, its possible all you need is a travel letter from them. I'm surprised the CO did not talk you through your options at the interview - you did add the child to your DS230 after having him, correct? Because of the age of the child I think newacct's reply is wrong (it would be correct for an older child) simply because I think the child is young enough to not need a visa. Do I understand correctly that you are all now back (in Israel?) after activating the green card? When do you want to return to the US?

By the way you will not get a B2 visa for him as clearly there is immigrant intent, but as I said before please speak to the consulate, I am sure it will simply be a formality to get him added.
 
SusieQQQ said:
I'm confused - your child was born in April 2014 yet you could not add him by Sept so he could also be an LPR? I know that a child born to an LPR even if outside the US is processed as a LPR without needing a visa on child's first entry if it is parent's first entry or first re-entry after having the child. I am pretty sure that there is a way you can process this child as an LPR as he is still so young, please contact the embassy and ask them, its possible all you need is a travel letter from them. I'm surprised the CO did not talk you through your options at the interview - you did add the child to your DS230 after having him, correct? Because of the age of the child I think newacct's reply is wrong (it would be correct for an older child) simply because I think the child is young enough to not need a visa. Do I understand correctly that you are all now back (in Israel?) after activating the green card? When do you want to return to the US?

By the way you will not get a B2 visa for him as clearly there is immigrant intent, but as I said before please speak to the consulate, I am sure it will simply be a formality to get him added.
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No - we discussed a case similar to this before. Frankly, I think they have messed it up.

They had the baby in April 2014 and then got the DV visas in September and they entered and activated their GC without taking the child - so that special process for kids under 2 is gone because it will not be their activation trip or re-entry after the birth.

I agree they should speak to the embassy and see what options are left.
 
SusieQQQ said:
I'm confused - your child was born in April 2014 yet you could not add him by Sept so he could also be an LPR? I know that a child born to an LPR even if outside the US is processed as a LPR without needing a visa on child's first entry if it is parent's first entry or first re-entry after having the child. I am pretty sure that there is a way you can process this child as an LPR as he is still so young, please contact the embassy and ask them, its possible all you need is a travel letter from them. I'm surprised the CO did not talk you through your options at the interview - you did add the child to your DS230 after having him, correct? Because of the age of the child I think newacct's reply is wrong (it would be correct for an older child) simply because I think the child is young enough to not need a visa. Do I understand correctly that you are all now back (in Israel?) after activating the green card? When do you want to return to the US?

By the way you will not get a B2 visa for him as clearly there is immigrant intent, but as I said before please speak to the consulate, I am sure it will simply be a formality to get him added.
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Hi Susie,
Exactly: the child was born in April and we were not able to add him by September, we were not even able to travel with him in November for the first entry to the USA. the reason is that we are Palestinians living under Israeli Authorities, we were not able to issue the new child an ID or Travel document until late December.
As for the DS230, no we could not add him for the reasons above, he did not have any papers at that time.
We contacted the Consulate and their response was: "it is not possible to issue an immigrant visa to the child, please investigate your other options" totally not helpfull.
Now we are back in Israel. Our plan is to travel to the USA the soonest to get a 2 year re-entry permit while at the same time to proceed with Form I130 for the new child.
Any ideas?
 
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