My son is 2 month ago how can I get visa to him
- Thread starter A.oti
- Start date
Britsimon
Super Moderator
That is not a problem at all. There is a special procedure to process the baby for his/her Green Card at the port of entry (where you land in the USA). Obtain a passport for the baby and check with the airline whether they will board the baby without a visa - the airline should be aware of the special process BUT some airlines insist on seeing a travel document issued by the US embassy. So - if you need that you can contact the embassy.
When you land and go through immigration, the paperwork for the baby will be done so that he/she will receive a Green Card.
Jackolantern
Registered Users (C)
You may have to wait a couple years, or you may be able to bring the baby with you depending on the facts of your situation.
Have you already entered the US as a permanent resident? What is the immigration status of the father, and is he inside or outside the US?
Have you already entered the US as a permanent resident? What is the immigration status of the father, and is he inside or outside the US?
Britsimon
Super Moderator
How did you get the Green Card - I think you posted a duplicate post in the DV section - was it via the DV lottery? If so give dates of when you entered the US.
Britsimon
Super Moderator
Ok, so you are not being clear about things. A DV winner on the first entry can enter with a newborn and the child gets processed as an LPR. But you said you entered without the baby??? Is that right?
Yes I entered without baby in first time stay for 10 days then back again the visa will end in 15 march . I want take him with me to stay in US , What type of visa I ask to him to stay with me until he get green card ? How I add him to get green card ?
I was not know that If I take him with me in the first time they will be add him immediately . So the green card issued for me and the rest of my family and We received it . Is there any way help me to add him quickly ? I mean the visa not end yet can I go again and and they will processe green card for him ?
What u mean by LPR ?
What u mean by LPR ?
First of all, an immigrant visa is a single-use visa; the "visa" is void and cannot be used again; it is irrelevant when it would have expired. Once you enter, you are a permanent resident, and your endorsed immigrant visa acts a temporary green card valid for one year after the entry. LPR = lawful permanent resident.
A child born after the issuance of an immigrant visa, does not need a visa to enter the U.S. "during the period of validity of the visa". But I believe that this is past now since your immigrant visa is no longer valid.
A child born after the issuance of an immigrant visa, does not need a visa to enter the U.S. "during the period of validity of the visa". But I believe that this is past now since your immigrant visa is no longer valid.
Britsimon
Super Moderator
Ok so now things are clear.
First of all you are already an LPR your one time use visa would have been endorsed upon entry and now serves as your I551 for up to one year after the first entry. Check the endorsement in your passport. If you have the Green Card itself, then you obviously use that, not the endorsed visa - but they both act the same way.
Now, if an LPR has a child abroad during a temporary visit, that child (under 2 years old) does not need any visa to enter the USA. That is the special process I mentioned above. So upon your reentry with the child the immigration officers will process your child and he/she will become an LPR. You will have to pay for a Green Card of course. Make sure you have the birth cert and passport for the child available at immigration.
Most airlines should understand that procedure - check with the airline whether they do because they might refuse boarding the child without a visa. If that is the case they might ask you to get a travel authorisation document from the US embassy.
First of all you are already an LPR your one time use visa would have been endorsed upon entry and now serves as your I551 for up to one year after the first entry. Check the endorsement in your passport. If you have the Green Card itself, then you obviously use that, not the endorsed visa - but they both act the same way.
Now, if an LPR has a child abroad during a temporary visit, that child (under 2 years old) does not need any visa to enter the USA. That is the special process I mentioned above. So upon your reentry with the child the immigration officers will process your child and he/she will become an LPR. You will have to pay for a Green Card of course. Make sure you have the birth cert and passport for the child available at immigration.
Most airlines should understand that procedure - check with the airline whether they do because they might refuse boarding the child without a visa. If that is the case they might ask you to get a travel authorisation document from the US embassy.
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But the OP didn't have a child during a temporary visit abroad while an LPR; she had the child before she was an LPR.
Britsimon
Super Moderator
Aww jeez. I've missed that with all the confused statement, so there were two simple routes to getting the child a GC and he decided to make it hard. However given that he could have done this before first entry or after first entry, I believe the under 2 year old rule would still be applied at POE
Even with the birth during a temporary visit abroad of an LPR, the child can only not need a visa if accompanied by a parent on that parent's first entry to the U.S. after the birth of the child.
Britsimon
Super Moderator
Can you link to the law/manual entry to that?
Sm1smom
Super Moderator
@newacct is correct. In order for the baby to benefit from the parent's LPR status, the baby has to be accompanied by the LPR parent's first visit back to the U.S. following the birth of the baby according to 9Fam 42.1 N1:
http://www.state.gov/documents/organization/87519.pdf
The under 2 years rule will no longer apply to the OP in this case because the accompanying parent has already undertaken a first visit to the U.S. without the baby.
Britsimon
Super Moderator
Thanks Mom for the link. How silly to make life so difficult by not bring the baby the first time.
Personally I would still be tempted to attempt the POE entry to see whether they applied the rule correctly or not. The child is going to end up as an LPR anyway - it is purely a matter of how.
Hmm, so the child was born before the visa was issued? So the thing above about not needing a visa doesn't even apply (that's for after visa issuance).
Since your child was born before you became a permanent resident, and since you immigrated in a non-immediate-relative category, your child should be able to be your derivative beneficiary. Your child will need to get an immigrant visa through the consulate, but will not need to be petitioned or wait a few years.
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Britsimon
Super Moderator
The OP has said he got his immigration status through the DV lottery (DV2014 based on the dates given), but he also gave the impression that the father was already an LPR (I think that was misleading and therefore I don't think it was F2A). He said he entered on October 3, but then mentioned November 3 as the GC processed date - I'm not sure that those dates aren't simply confused. He also said his visa will end in March - but again I think that is a red herring, but the date he stated (15th March) suggests the visa was valid from around the 15th September (unless it was shortened because of medicals).