How to apply GC for a new born child in India for the parents with GC

[Villarasan]

Hi Team, please help us in the procedure to apply for GC or visitor visa for the new born baby to the parents with GC. The mother and baby need to travel to US (Mother is in GC and traveled to India 6 months back and she delivered the baby in India) now they want to return to US, please help us with the procedure. Whether the baby can travel and enter US without any visa or GC. please advise. Also the mother can enter US without the reentry permit as she is out of US for more than 6 months and less than a year outside US.

[newacct]

A child born abroad to a permanent resident mother can enter to the US as an immigrant without needing an immigrant visa, if he/she enters the US within 2 years of birth, accompanied by either permanent resident parent on that parent's first return to the US after the child's birth. See 9 FAM 201.2-3(b)(2):

 

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A child born of a Lawful Permanent Resident alien mother during a temporary visit abroad is not required to obtain an immigrant visa if

(a)  seeking admission within 2 years of birth; and

(b)  accompanied by either parent, who is applying for readmission upon first return after the birth of the child.  The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa. 

 

Airlines are allowed to board the child for travel to the US without a visa. See the carrier information guide, page 5:

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Exceptions

Child born abroad to lawful permanent resident may be boarded if the child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien of the United States, provided that the child’s application for admission to the United States is made within two years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child.

 

But if the airline won't let the child board, you may need to file I-131A and pay the fee. See the I-131A page, Special Instructions:

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If you have a child who was born outside the United States and is coming to the U.S. for the first time, you may need to request carrier documentation if:

• You are an LPR or have an immigrant visa;
• Your child is under 2 years old; and
• Your child is traveling with you to come to the United States for the first time.

We recommend checking with your airline or transportation carrier first to ensure they will board your child in these circumstances without carrier documentation. If the airline or transportation carrier refuses to board your child without carrier documentation, you will need to pay for and submit a Form I-131A for your child.