GC holder's child born outside US

mksree2018

mksree2018

New Member
Hello,
We both couple and our elder son are GC holders, returned to India in Dec, 2021 with a re-entry permit and our re-entry permit expires in March 2024. We got our second child while in India in May 2022. We would like to return to US before our re-entry permit expires and wondering how to get our second child with us? He will be less than 2 years old by then and does he need any visa to enter US along with us? If so what visa do I need to get him?
Thank you.
 
So the mother is a green card holder?

A child born to a GC mother during a trip abroad, can be brought back to the US and enter the US as a GC holder without needing an immigrant visa, if the child is brought within 2 years of birth, along with either GC parent on that parent's first return to the US after the child's birth.

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.

(3) Requiring Reentry Document of Child’s Parent: The provisions of 9 FAM 201.2-3 paragraph b(1) and b(2) above apply only if the noncitizen parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), an SB-1 visa, or other appropriate documentation consistent with 8 CFR 211.1(a). With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

(4) Evidence of Parent-Child Relationship: Parents must present the child's birth certificate or other evidence of parentage for the child to qualify under the provisions of 9 FAM 201.2-3 paragraph b(1) and (b)(2) above.
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Airlines are allowed to board the child for travel to the US without a visa. See the CBP carrier information guide, page 2:
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.
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However, many airlines will refuse to board the child without a visa. If that is the case, you would need to file I-131A with a US consulate to get carrier documentation which will explicitly tell the carrier that they can board the child for travel to the US. See the I-131A page, under Special Instructions:
If you have a child who was born outside the United States, 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.
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Hi mksree2018,
We entered with our baby born abroad and once neither of you have been travelled back to the US since their birth they will be issued an NA3 permanent residence visa by CBP at your port of entry. This will just be a stamp in their passport, in our case at least. Make sure to insist that you need their Alien 'A' number from CBP as not having it can slow applying for a social security number for them. Also it is great to have in case their is any delay in them receiving their Green Card. Ringing USCIS without an A number means they can track anything. Plus you can link your USCI account to their A number and see how their green card is progressing.
When flying to the US make sure you have US visa sized photographs when you are coming through CBP and have a real version of their birth certificate that you can give to CBP for the application which you will not received back so make sure to order a duplicate from your local birth registry office. After entry our baby's green card arrived about four months later.
All the best.
 
We are planning to go visit US in January 2024, before our son turn 2 years old in May. Does CBP provide any permanent residence document or do I have to apply for his green card again at USCIS?
We are actually visiting for only two weeks now in January 2024. We will permanently move again during the summer 2024, which may happen after my son turn 2 years. I hope that time there may not be an issue as he would have already got a stamp on his passport!!
Kindly provide if you have any feedback.
Thanks.
 
CBP should give an I-551 stamp as temporary proof of permanent residency, with the "NA3" class of admission. The I-551 stamp will allow them to re-enter the US after travel abroad. However, if you search old threads, there are reports of NA3 children not getting their green cards for months or even more than a year after entry, and difficulty inquiring about the status due to lack of an A number, and difficulty getting a Social Security Number for the same reason, etc.
 
Hello,
Sorry to hijack this forum.

Do you know if the same rules and recommendations discussed above apply to a child born through ART (surrogacy)?

We are an Indian LPR couple currently researching surrogacy options in Eastern Europe and want to do our due diligence from an immigration perspective.

The child will be an Indian citizen & passport holder. We can travel to India or travel back to the States directly from Georgia or Armenia.
 
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