Regarding Immigrant Visa for Child

T

Tamil Selvan

New Member
I & my wife are green card holders. My wife is currently in India due to family emergency. We are expecting our child in a few months.

Will the child be a Green Card Holder (though born in India) as the parents are Green Card Holders?

Thanks in advance

Regards,

Tamil Selvan
 
I found this on the following website, dont know how accurate it is:

http://www.foreignborn.com/visas_imm/start_here/4birth_abroad.htm



Legal Permanent Resident Parents

A child born abroad of legal permanent resident parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent's initial return to the U.S. within two years of the child's birth with documentation showing the parent-child relationship. If the child is not brought back to the U.S. when the parents initially enter the U.S. (following the birth) within this time period, the child must obtain an immigrant visa to enter the U.S. In this case, the legal permanent resident parent(s) must file an immigrant visa petition with the U.S. Citizenship and Immigration Services (see Bringing My Children to Live in the U.S.).
 
yes it is correct, this is from the us CONSULATE :) in mumbai:

http://mumbai.usconsulate.gov/legal_permanent_residents.html



I am a legal permanent resident of the U.S. While I was outside the U.S., I gave birth to a child. Now I wish to return to the U.S. May I take my child with me?

As outlined in 9 FAM 42.1 N1.1, a child under two years of age who was born of a Permanent Resident Alien mother during temporary visit abroad does not require an immigrant visa in order to travel to the United States if the alien parent is in possession of a valid Form I-551 (i.e., green card), a valid reentry permit, or an SB-1 visa. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. We suggest that the accompanying parent carry documentary evidence of his or her relationship to the child, including the child's passport and birth certificate.
 
Last edited by a moderator:
8 CFR211.1 (b) (1)

(b) Waivers . (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child 's application for admission to the United States is made within 2 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.
 
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