Baby without green card
- Thread starter gswil
- Start date
You will be allowed to enter the US with your new born child even if the child does not have a green card.
Your answer is here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
Click on Part 42 and then on 42.1:
Sec. 42.1 Aliens not required to obtain immigrant visas
Look at section e, which will apply to your case.
"e) Child born of a national or lawful permanent resident mother during her temporary visit abroad. An alien child born during the temporary visit abroad of a mother who is a national or lawful permanent resident of the United States if applying for admission within 2 years of birth and accompanied by either parent applying and eligible for readmission as a permanent resident upon that parent's first return to the United States after the child's birth."
The critical words are "temporary", "within 2 years", "first return".
However, I am not a lawyer. You should confirm this with the US Consulate before you travel. Also, you should get a passport for the child.
Your answer is here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
Click on Part 42 and then on 42.1:
Sec. 42.1 Aliens not required to obtain immigrant visas
Look at section e, which will apply to your case.
"e) Child born of a national or lawful permanent resident mother during her temporary visit abroad. An alien child born during the temporary visit abroad of a mother who is a national or lawful permanent resident of the United States if applying for admission within 2 years of birth and accompanied by either parent applying and eligible for readmission as a permanent resident upon that parent's first return to the United States after the child's birth."
The critical words are "temporary", "within 2 years", "first return".
However, I am not a lawyer. You should confirm this with the US Consulate before you travel. Also, you should get a passport for the child.
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The baby will need a birth certificate (with English translation) and a passport to be let into US. The baby will be issued GC at the border.
In order to board a flight to US the baby will need boarding transportation letter. http://guayaquil.usconsulate.gov/baby_transportation_letter.html
It might have associated costs of $165
In order to board a flight to US the baby will need boarding transportation letter. http://guayaquil.usconsulate.gov/baby_transportation_letter.html
It might have associated costs of $165
I did not know about the transportation letter. I learn more each time I return to this forum. 
The US Consulate at Mumbai does not seem to mention a transportation letter. Look here: http://mumbai.usconsulate.gov/legal_permanent_residents.html
So better check with the US Consulate in the country where you are in.
There sre some experiences from other people in a similar situation here:
http://forums.immigration.com/showthread.php?p=1917568
The US Consulate at Mumbai does not seem to mention a transportation letter. Look here: http://mumbai.usconsulate.gov/legal_permanent_residents.html
So better check with the US Consulate in the country where you are in.
There sre some experiences from other people in a similar situation here:
http://forums.immigration.com/showthread.php?p=1917568
Last edited by a moderator:
Baby transportation letter is not a requirement for the baby to enter the US, and it does not have anything to do with US laws. That is why
That is an airline policy, however, to have a proof the person will be allowed into US without a visa.
If the baby has a passport of visa waiver country, the airline will accept the baby without the letter. Also, some American airlines will still accept the baby without the letter, provided their policy is aware of 42.1
Very few airlines have policies like that, however.
If the baby reaches the US without using any airline, baby transportation letter will not be needed.
Baby will be allowed into the US without the letter.
That is an airline policy, however, to have a proof the person will be allowed into US without a visa.
If the baby has a passport of visa waiver country, the airline will accept the baby without the letter. Also, some American airlines will still accept the baby without the letter, provided their policy is aware of 42.1
Very few airlines have policies like that, however.
If the baby reaches the US without using any airline, baby transportation letter will not be needed.
Also, some airports have pre-flight inspections. That means immigration control is provided before boarding the flight. In that case US officials provide immigration control, and airline does not make any immigration checks.
As far as I remember, flights from Canada, Ireland and Aruba have pre-flight inspections. So, baby transportation letter will not be needed in cases like that.
Airlines of arrival are required by US law to send anybody whose admission to US is denied because of inconsistent documents, home for free. Baby transportation letter releases airlines from this requirement, even if the admission for the baby is denied.
As far as I remember, flights from Canada, Ireland and Aruba have pre-flight inspections. So, baby transportation letter will not be needed in cases like that.
Airlines of arrival are required by US law to send anybody whose admission to US is denied because of inconsistent documents, home for free. Baby transportation letter releases airlines from this requirement, even if the admission for the baby is denied.
Last edited by a moderator: