Lawful Permanent Resident Who Gives Birth Outside The U.S.

A U.S. permanent resident who gives birth abroad may return with the child without needing to file any immigration application or visa.A child can enter the U.S. as a permanent resident if they meet the following requirements:

1. The accompanying parent is a lawful permanent resident of the U.S.
2. The child will seek admission to the U.S. with the returning resident parent on their first trip after birth.
3. The child will enter the U.S. with the returning resident parent before turning 2 years old.
4. The returning resident parent is coming back to the U.S. after a temporary absence, and officials find them admissible.

To board the plane and gain U.S. admission, the parent must present the child’s birth certificate and their green card.
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 CBP officer will create a record of lawful permanent resident status for the child after verifying that:

1. There is a Parent-child relationship
2. The returning resident is admissible into the US and not disqualified in any way to enter the US.
3. The returning resident parent has Lawful permanent resident status in the US. Officials will admit the child as a lawful permanent resident and subsequently issue them a green card.

If the returning resident parent loses lawful permanent resident status, the child won’t qualify for U.S. permanent residency.

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 U.S.