Sm1smom
Super Moderator
+1 Like
In addition, they just need to ensure they enter with the baby for the 1st time before the baby turns 2 years old, and the mother must be present. )*GC holder father cannot on his own bring in a baby born outside of the US, but the mother can on her own*.
*Not quite accurate. Either parent CAN accompany the baby as long as it's the parent's first entry back into the US following the birth of the baby.
Wow, didn't know that. Seems a bit discriminatory??
Yeah, could be considered discriminatory if the statement was accurate, but it's not
Anyway, the section of the DOS Visa Manual I was thinking about when I posted is actually about the possibility of a baby born outside of US to GC holder parents to derive LPR status. If the baby is born to a GC holder father and a non-LPR mother, the baby will not automatically derive LPR status at the POE of entry. The father will need to file/apply for the baby's GC through the F2A family category. However, if the baby is born to a GC holder mother and a non-LPR father, then the baby will derive the LPR status at the POE as long as the mother makes the entry before the baby turns 2, and it's her first time coming back into the US since the birth of the baby.