AOS pending parents, having a child outside the US

#1
Hi All,

First of all, I apologize if this topic is already out there and has been discussed a bunch of times, but I was googling and googling but did not see much info on it.

Me and my wife had applied for AOS and have just received our Employment Authorization Card & Advance Parole Card (combo card). We are currently expecting, and we were wondering if we could travel back home and have our first child there. Will that be ok or will it cause issues now/later?

I guess, what I am trying to find out is, in our case, if the baby is born outside the US:
  1. Are we going to be able to bring our baby back with us to the US without any wait/issues? (My wife wants to stay there for a couple of months after giving birth)
  2. Will we have to apply for AOS/GC for our baby from scratch OR will our baby automatically be approved?
And if you can share anything helpful regarding this topic, any do's and don't's, I'd appreciate it!

Thanks!
A.
 
#2
If the baby is born after your wife's AOS is approved, your wife can bring the baby back to the US on her first return to the US after the baby's birth, while the baby is under 2, and the child would enter as a permanent resident without needing an immigrant visa. You might need to get a transportation letter from the consulate to inform the airline that the baby can be boarded for travel to the US.

If the baby is born before your AOS is approved, the baby would need to immigrate as a derivative beneficiary. If by the time your wife and the baby is ready to come to the US, your AOS isn't approved, and you guys still have some kind of nonimmigrant status like H1b/H4 or L1/L2, the baby can get that kind of visa to come to the US and then file AOS. Otherwise, the baby would have to follow to join by doing Consular Processing abroad after your AOS's are approved; that would take a lot of time.
 
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