Babies born abroad to green card holder , how to enter US

Mahadeep

New Member
Hello..
I am physician with H1 visa with our GC in process when I travelled to India for family emergency. I was pregnant then, delivered in India in July 2021. We got our GC in August. We are trying to bring the baby to US, currently I am in India
I was wondering if the baby will qualify for the visa waiver. I have read in the forums about this and to get a letter from US embassy stating that so the airlines will not give problems with boarding.
please help
 

newacct

Well-Known Member
Did you guys do Adjustment of Status within the US or Consular Processing abroad? So the baby was born before your Adjustment of Status was approved?
 

Mahadeep

New Member
Myself and my husband (primary applicant) did the 485 when we were in US, baby was born after we got our GC approved.
 

newacct

Well-Known Member
I was confused because you said you got your GC in August. So the date you (the mother) became a permanent resident (which should be the Resident Since date on your GC) was before the July date when your baby was born? If so, the baby should be able to enter the US as an immigrant together with you on your first return to the US after the birth, without needing an immigrant visa.

In principal, the carrier can board your baby without needing anything else (other than birth certificate showing relationship to you), but most airlines probably won't. In that case, you will need to pay for and file an I-131A with the US consulate for a transportation letter.

See the CBP carrier information guide, page 2 (10 in the PDF):
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.
And the USCIS I-131A page, under Special Instructions:
If you have a child who was born outside the United States and is coming to the U.S. for the first time, 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.
 

Mahadeep

New Member
Thank you so much for your reply.
Just to clarify. Baby was born on july 10. The date on our GC (resident since on our GC was August 14.
So when the baby was born on July 10, I was on H 1 status,I got my H1 renewal visa stamped on July 14 th and then we got GC approved in August. I am still in India now.
Can I still bring the baby without a visa, since I did it travel after I got the GC
 

newacct

Well-Known Member
If your baby was born before you became a permanent resident, I don't think that the provision for your baby entering without a visa applies. In that case, the easiest way for your baby to immigrate to the US is probably as you guys's derivative beneficiary. But since you guys immigrated through AOS, and the baby is going to do Consular Processing abroad, that would mean filing I-824 to move the petition that you guys immigrated on from USCIS to NVC for the baby to do consular processing. This requires paying the I-824 fee and waiting several months for the I-824 to process, and then the process at the NVC and the consulate will also take a few more months at least. So it may be a year or two before your baby can get to the US.
 

Mahadeep

New Member
Thank you again for your prompt response. Since it was only few days after the baby was born we got the GC, can we still travel under humanitarian reasons? Is there anyway we can still try for visa waiver?
 

Mahadeep

New Member
I have another question for you Sir. We have decided to go with consular processing abroad. Can we apply I 130 and I 824 simultaneously?
 

newacct

Well-Known Member
You don't need I-130 -- you are not petitioning the child to immigrate as the child of a permanent resident. Rather, you are having the child immigrate as a derivative beneficiary on the same petition that you immigrated on (an I-140 employment-based petition, I believe?). That's the point of the I-824, to move that petition from USCIS to NVC for Consular Processing. I am not sure whether you or your husband is the principal beneficiary of the petition. Whoever it is, would file I-824, selecting Part 2 item 1c as the reason for application.
 

Mahadeep

New Member
Thank you so much.
My husband is the principal beneficiary and he is in the US now.
will filing 824 instead of 130 quicken the process?
 

newacct

Well-Known Member
It's probably faster, but it's hard to say. Another advantage with immigrating as a derivative beneficiary (with I-824) would not need an I-864 Affidavit of Support, whereas petitioning the child with I-130 would.
 
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