View Full Version : GC for the child of residents
upasi
12-11-2003, 05:56 PM
My wife (and myself) have GC for the past 2+ years. My wife is expecting. She was in India on vacation and is forced to stay back and have the baby there (in another 4 months) due to some medical condition. Can the baby get a greencard once they get back? Is there something we can/should do in advance?
- Thanks
If the child accompanies the mother on her first trip back to the US, the child gets Permanent Resident status right at the border. A birth certificate is required, and the trip has to be within 2 years of the child's birth.
See 8 CFR 211.1(b):
"(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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