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Strategies for Admitting Green Card (Permenent Resident) Children Born Overseas Without a Visa

This article provides essential guidance for parents who are green card holders to  understand and facilitate the seamless admission of their children under the conditions.

Criteria for Visa Waiver for LPR Children Born Abroad

The U.S. Code of Federal Regulations (8 CFR Section 211.1(b)(1)) provides for a waiver of the visa requirement for children born abroad under two primary conditions:

  1. Children born to green card lhder can accompanying parent under the following doitions: 
    • Child is accompanying the parent within the Green Card holder Paerent. 
    • Children born during a temporary visit abroad by a permanent resident mother: 
    • The child’s admission to the U.S. is sought within two years of birth.
    • The child accompanies the parent who is a Green Card holder on their first return to the United States after the birth of the child.
    • The accompanying parent must be eligible return to USA. 

Required Documentation

To facilitate a smooth entry process, the following documents are typically required:

  • Valid passport for the child
  • Birth certificate of the child: The document should list both parents. If the original document is not in English, a certified English translation is required.
  • Proof of parent’s permanent resident status: This can be demonstrated with a Permanent Resident Card (commonly known as a Green Card) or a valid re-entry permit.
  • Recent photo of the child: The photo should be taken within the last six months and meet the specifications required for U.S. immigration purposes.

Practical Considerations

  • Timing of the child’s entry: It is crucial that the child’s entry into the United States occurs within two years of birth and during the parent’s first trip back to the U.S. after the child’s birth. This timing requirement is essential for the visa waiver to apply.
  • Admissibility of the accompanying parent: The parent accompanying the child must also be admissible to the United States. Issues that could impact admissibility include the parent’s immigration history and length of stay outside the USA.

This guidance aims to assist Lawful Permanent Residents and their legal advisors in navigating the specific requirements for children born during temporary stays abroad. Understanding these legal nuances ensures that families are well-prepared for the reentry process, minimizing potential delays and complications. As always, consult with a knowledgeable immigration attorney to address any case-specific issues or complexities.

By: Rahul Reddy

Rahul Reddy, a seasoned lawyer in the realm of employment-based immigration, is the founding partner of Reddy Neumann Brown PC With an impressive career spanning over 28 years, he inaugurated the firm in 1997, bringing a wealth of knowledge and a unique perspective to the intricate landscape of immigration law.

Rahul’s understanding of the complexities inherent in the immigration system is vast and nuanced, making him an indispensable resource in this specialized field. This comprehensive expertise, coupled with his personal encounters with the immigration system, has imbued him with a profound empathy for his clients. Each case he undertakes is informed by this personal connection, as he understands the unique challenges and aspirations that drive individuals to navigate the immigration process.

Passionate and committed, Rahul is driven by a desire to assist others in realizing the quintessential American Dream. His mission, underpinned by years of professional experience and personal insight, remains focused on providing excellent legal support to those seeking employment-based immigration solutions.