A lawful permanent resident of the U.S. who gives birth during a temporary visit outside the U.S. may be able to return to the U.S. with the child without the need to file any immigration application or request a U.S. visa for the child. Such a child will be admitted into the U.S. as a permanent resident if the following requirements are met:
- The accompanying parent is a lawful permanent resident of the U.S.
- The child will be seeking admission into the U.S. with the returning resident parent upon such parent’s first trip back to the U.S. after the birth of the child.
- The child will enter the U.S. for the first time with the returning resident parent before he or she turns 2 years of age.
- The returning resident parent is returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad and is found to be admissible to the United States.
In order to board the airplane and gain admission into the U.S. the birth certificate of the child and evidence of parent’s green card will be required.
8 CFR.211.1(b)(2) authorizes a child who meets the above criteria to travel without a visa and the airplane boarding such a child will not be penalized for allowing a passenger on the airplane without a visa. The custom and border protection officer will complete and create a record of lawful permanent resident status for the child upon verification that:
- There is a Parent-child relationship
- The returning resident is admissible into the US and not disqualified in any way to enter the US.
- The returning resident parent has Lawful permanent resident status in the US. Such a child will be admitted as a lawful permanent resident and subsequently issued a green card.
However, where the returning resident parent have abandoned or lost her lawful permanent resident status, such a child will not be eligible for the status of a permanent resident of the US.
In the event a child born to a lawful permanent resident during a temporary absence from the U.S. does not meet the above criteria and requirements, the parent will be required to file the necessary Immigration petition and application for the child to obtain Immigration Status in the US.