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.

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.

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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.