Green card for baby born outside USA

NewToGC

New Member
Baby born in India while I485 was in progress, mother left to India due to family situations, now green card approved for both parents and received physical card.

I am (father) planning to visit India and bring child with mother together, child is 5 months old now, mother is out of US appx 9 months (within 1 year range).

Is baby automatically get green card while entering to US along with LPR Mother? if not what is the process to bring baby to US?

Thanks
 

newacct

Well-Known Member
Apply for an immigrant visa for the child as your derivative beneficiary through follow-to-join. File I-824 to start the process. It will take a while.

The waiver of the immigrant visa requirement does not apply to this child because it is only for children born abroad to an LPR mother (this child's mother was not an LPR when they were born), or for children born after a parent was issued an immigrant visa and before they entered the US with that visa (you guys did not do Consular Processing and did not get immigrant visas).
 
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