Second Child Born Abroad to LPR mother while waiting for Spouse F2A approval

TraveltheWorld

New Member
Morning All

Scenario:
LPR (mother) with Valid 2 year Re entry permit (second Reentry permit issued).
LPR (mother) petition for Alien has been approved and NVC has confirmed all documentation received for F2A (spouse). Waiting for Priority date to be current. And Interview date at US Consulate abroad for Consular Processing.
LPR has given birth to 1st child while abroad.
The child has received NA3 Status Green Card. (child has a reentry permit), when the mother was readmitted to US after first return after baby was born. The Mother and Child left US to return abroad while waiting for spouse's visa. (with valid Re entry permits and upholding intention to retain LPR status)
The mother (LPR) and Child (LPR) both with valid re entry permits are living temporary abroad with Spouse / father, while waiting for his immigrant visa.
The mother and Child has to the US on short visits since the First Re Admission to US (Child). Once and will return second time in 2 months.
The mother is pregnant with SECOND Child.
The mother(LPR) plans to give birth abroad and have Second child admitted on NA3 (with transportation letter from US consulate) as well.
The family plans to move permanently to US as soon as Spouse's F2A visa is granted. - hopefully before 2nd child is born, but because the mother will be too far pregnant to then air travel, they will wait until baby is born. (apply for foreign passport and transport letter, and then return to US Permanently)

Question:
Has anyone done a Second NA3 case?
Will the second child be admitted as LPR?
It makes sense for the mother and child (first), to stay behind in US (on planned trip to US before 2nd child is born), but for financial and personal reasons they consider to return abroad and only make the permanent move after second baby is born abroad. (approx 4-5months)

No where can I find cases where a second child born abroad has been granted NA3 status

ANY ADVISE Please
 
It shouldn't matter how many children you have that get NA3. As long as the conditions in the regulations are met, they should be able to get it. So as long as you are on a temporary trip abroad and the child returns before age 2 on the first return of the US of either LPR parent, the child should be admitted as NA3. Alternately, if the child is born after your spouse gets the immigrant visa but before he enters, the child can also qualify for NA3 based on that.
 
Thank you Newacct

So it is not that it should be the LPR mother's First Return to the US, but First Return AFTER the baby is born abroad, right?

I wasn't too sure on the technicality- the US Consulate in the respective country only mentions the mothers first return to US (she has a valid re entry permit(second issued), and has traveled to the US more than once on it, with NA3 child). She will also travel back to US - for short visit- with husband (valid B2) and child, BEFORE new baby is born (to setup for their permanent return after the baby is born)
The husband will travel on a valid B2 visa (10 year visa that he received a few years back), as he has shown immigrant intent(approved I 130 etc), will this visa still be valid?

Great mentioning the Spouse visa as an option for NA3, did not think off that as an option.(thought it must be the mother LPR)
If I understand correctly then, if the father makes his first Entry as LPR to activate his LPR at POE, and its the first entry for the baby born abroad, both will be admitted and processed at POE, but ONLY if the father's visa was issued before the baby's birth abroad.
Then if its issued After the baby's birth, this option won't be valid.

Thanks in advance
 
I’m presuming the reason you haven’t found much about it is that LPRs don’t usually stay out long enough for the question of two (non-twin obviously) children born abroad to arise.

Separately, to digress slightly, with all this time you’ve spent abroad, I assume you have all your ducks in a row re intent to re-establish domicile, having an acceptable sponsor etc for when your husband’s interview finally rolls around?
 
I’m presuming the reason you haven’t found much about it is that LPRs don’t usually stay out long enough for the question of two (non-twin obviously) children born abroad to arise.

Separately, to digress slightly, with all this time you’ve spent abroad, I assume you have all your ducks in a row re intent to re-establish domicile, having an acceptable sponsor etc for when your husband’s interview finally rolls around?


My assumption too (lack off evidence thus the question).

On the other note- yes Joint Sponsor already filed as well as evidence off re-establishing domicile proof and ties to US.
NVC has send a letter confirming visa 'packet' has been sent to Consulate- await Priority Date to become current to receive interview date from Consulate
 
Thank you Newacct

So it is not that it should be the LPR mother's First Return to the US, but First Return AFTER the baby is born abroad, right?
yes

The husband will travel on a valid B2 visa (10 year visa that he received a few years back), as he has shown immigrant intent(approved I 130 etc), will this visa still be valid?
the visa is valid but he could be denied entry

Great mentioning the Spouse visa as an option for NA3, did not think off that as an option.(thought it must be the mother LPR)
If I understand correctly then, if the father makes his first Entry as LPR to activate his LPR at POE, and its the first entry for the baby born abroad, both will be admitted and processed at POE, but ONLY if the father's visa was issued before the baby's birth abroad.
Then if its issued After the baby's birth, this option won't be valid.
Yes. If the baby is born before the visa issued, normally you would add the baby to the case as a derivative beneficiary and get the baby an immigrant visa too. But all this is unnecessary in this case since the baby can get NA3 through you.
 
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