Quick Summary
| Question | Answer |
|---|---|
| Does a child born abroad to an LPR need a U.S. immigrant visa? | Possibly not, if all 3 conditions are met |
| Entry deadline after birth? | Child must enter the U.S. within 2 years of birth |
| What must the LPR parent do? | Must accompany the child and this must be the first U.S. entry by the LPR parent since the child’s birth |
| What if one parent is a U.S. citizen? | Different rules apply; child may be a “U.S. citizen born abroad” |
| What documents are required? | LPR’s green card or re-entry permit; passports of both parent and child; original birth certificate |
| Is an English translation of the birth certificate needed? | Yes, if the birth certificate is in a foreign language |
If you are a Lawful Permanent Resident (“LPR”) of the U.S. and you had a child born outside of the U.S., your child is not required to have an immigrant visa to travel with you to the United States if:
- The child was born during the LPR mother’s temporary visit abroad;
- The child’s admission to the United States will be within two years of birth; and
- The accompanying LPR parent, either the mother or father, is making his or her first entry into the United States since the child’s birth.
You should make sure that you have the required documents for your child and yourself that will allow you to board a plane or other transportation to be lawfully admitted into the United States.
You should have:
- A valid permanent resident card (Form I-551 or “Green Card”) or a valid U.S. re-entry permit or an SB-1(Returning Resident) immigrant visa to travel to the United States;
- Evidence that you are a LPR and have been outside the U.S. for less than one year, or less than two years if you are in possession of a valid re-entry permit. This does not apply to SB-1 immigrant visa travelers who will be evaluated under different rules;
- Valid passports for both the LPR parent and the child; and,
- The child’s original birth certificate listing both the mother and the father. If the original birth certificate is in a foreign language, an English translation must also be provided.
It is important to note that if one or both parents are U.S. citizens, then different rules may apply. The child might be considered a U.S. citizen born abroad at birth and you should take different steps to obtain travel documentation. You should consult a qualified U.S. attorney in such cases to understand your child’s situation.
Frequently Asked Questions
Does a child born in Vietnam or the Philippines to a green card holder need a visa to enter the U.S.?
Not necessarily, if all 3 conditions are met: (1) the LPR mother gave birth while temporarily abroad rather than during a prolonged foreign residence; (2) the child enters the U.S. within 2 years of birth; (3) the LPR parent accompanies the child and this is the first time the LPR parent has returned to the U.S. since the child was born. If any condition is not met, an immigrant visa for the child should be pursued.
When does the 2-year window start?
The 2-year window starts on the child’s date of birth. The child must enter the United States before turning 2 years old. Arrangements to travel back to the U.S. should be made as early as possible after birth to allow sufficient time for document preparation and travel.
What documents are required to bring a child born abroad into the U.S. under this provision?
Required documents include: a valid green card or re-entry permit for the LPR parent; valid passports for both the parent and the child; the child’s original birth certificate listing both parents’ names; and a certified English translation of the birth certificate if it is in a foreign language such as Vietnamese or Filipino.
What if the LPR parent already returned to the U.S. once after the child was born and now wants to bring the child back?
The provision no longer applies. One of the mandatory conditions is that the LPR parent accompanying the child must be entering the U.S. for the first time since the child’s birth. If the LPR parent has already re-entered the U.S. at least once after the child was born, this condition is not met and the child will likely need to apply for an immigrant visa separately.
If one parent is a U.S. citizen, does the child need a visa or a green card to enter the U.S.?
If one or both parents are U.S. citizens, the LPR child visa waiver provision does not apply. Instead, the child may qualify as a U.S. citizen born abroad under U.S. nationality law. Parents should apply for a Consular Report of Birth Abroad (CRBA) and a U.S. passport for the child at the nearest U.S. Embassy or Consulate. Consulting an immigration attorney is recommended to confirm eligibility and understand the specific requirements.
If you are an LPR who has given birth abroad and have questions about bringing your new born child with you to the U.S., contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
Ho Chi Minh City, Vietnam Office
146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
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Manila, Philippines Office
LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226
Tel: +63 917 543 7926
Email: info@enterlinepartners.com
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Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
