can children under 21 be included in their mom's immigrant visa app?

[blkhawk]

Hi all,

My twin infants were born after I had petitioned for my wife's green card and I am wondering if my wife can include our children in her immigrant visa application when consular processing starts.

thank you.

 

[Triple Citizen]

Yes. Spouses and minor children of PRs are the same family category.

 

[LucyMO]

I wonder if that rule about kids not having to get an immigrant visa if they are born abroad to an LPR would be true in this case. The rule is about the kid having to enter with his LPR parents before reaching 2 years of age, and it being LPR's first return to the US.

 

[blkhawk]

I wonder if that rule about kids not having to get a GC if they are born to LPR would be true in this case. The rule is about the kid having to enter with his LPR parents before reaching 2 years of age, and it being LPR's first return to the US.

Yes that is true only if the mother is an LPR. In my case my wife isn't. So from what I understand, I don't have to file separate petitions for the babies. my wife can include them in her immigrant visa application once a visa number becomes available for her?

Thanks for your response.

 

[LucyMO]

hmmm, I would look into that again. I don't recall it saying anywhere that the mother needs to be an LPR.

 

[blkhawk]

hmmm, I would look into that again. I don't recall it saying anywhere that the mother needs to be an LPR.

I did a search and found the following:

"A child born outside the United States to a permanent resident parent does not automatically acquire US permanent resident status. Such a child may be admitted as a permanent resident only if the child was born during a temporary visit abroad of a permanent resident mother, provided that the child's application for admission to the United States is made within two years of birth, 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 accompanying parent is found to be admissible to the United States."