Child Born Outside US for PR parents

[sheemat mat]

<Sorry for repetition; I know I asked this questions once>

Does any one has recent experience of bringing a baby born abroad
(Parents are permanent residents) back to USA?

I do understand that the law says that the baby can come back before his/her 2nd birthday as long as he/she comes back with a parent who is making first trip after the birth...

1. How does the airlines deal with this?
2. What is the procedure at the POE.

 

[bb_5555]

I think I can shed some light here

you have to have the birth certificate with you.

They will look at the birth certificate to make sure you are the parents of this child.

 

[MOCKBA]

Can somebody please provide a link to relevant chapter of the law or at least BCIS website on this?

Here is my situation. I am US LPR, my wife is Canadian LPR who could come to US only as a visitor. We cannot decide where to have a baby. I preffer Canada, but I want new born to become US LPR so he or she could automatically get US Citizenship once I naturalize in US.

So....

1. Does new born of an LPR born in US to a LPR and non-LPR becomes LPR at birth? What should I get from BCIS in the situation when the baby is born in US?

2. If the baby is born in Canada and I will bring him or her over the border before 2nd birthday, what do I need to do to get LPR status for the baby?

I'll greately appreciate any information.

 

[MOCKBA]

Anybody born in the US (except children of diplomats) is a US citizen from birth. This is per the 14th amendment to the US constitution.
...
Nothing. The child would be a US citizen.

So, what do I have to do to establish citizenship? Apply for US passport for a new born?

Hmm, in your case you would have to apply for a visa, since the mother isn't a PR.
A child born abroad to an LPR mother becomes a PR upon presentation of the birth certificate, according to 8 CFR 211.1(b)(1).

Do I really have to apply for a visa?

8 CFR 211.1(b)(1) reads

"(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 ...."

My understanding is that my GC is "an immigrant visa". "A child is born subsequent to the issuance of" GC. And when presenting my GC on the border "I apply for admission during the validity of such a visa".

Where am I wrong?