Baby will born before crossing the US border for the fist time.

[Javlin]

Dear All,

Recently we successfully passed green card interview and received passports with stamped visa. Based on our medical validity we need to fly to the US by the end of March. We are expecting a baby that will born in December. What are the steps required after our baby born and we get birth certificate +passport?


Thank you,

 

[newacct]

Your child, born after the issuance of your immigrant visa, and before you enter the US with that visa, can enter the US as an immigrant without a visa, as long as he/she accompanies you on your first entry to the US on your immigrant visa. See 9 FAM 201.2-3(b)(1):

A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

Airlines are allowed to board the child with proof of parent-child relationship to you, without needing any other documents. See the CBP carrier information guide, page 2 (page 10 in PDF):

Child born abroad to an accompanying parent after issuance of an immigrant visa to the parent but before the parent’s initial admission as an immigrant may be boarded as long as the child has a passport and birth certificate.

However. If the airline refuses to board the child on that basis, you will have to file I-131A with a US consulate, and pay the fee, to apply for a transportation letter for the child. See 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.