Only Father is a LPR. How can a child born in India less than 2 years travel to US?

[gregspirited]

Hi,

We have a daughter who will be 2 years come September (2015). I hold a valid GC and temporarily residing in India (through valid 2 year re-entry permit) to accompany my wife who is on a 2 year J1 HRR waiver requirement. This waiver requirement will be over by September 2015. 

 

Our daughter was born in India. Can I apply for a LPR for my daughter based on my LPR at the port of entry while visiting the US next time?

 

If it is complicated can I consult a lawyer from Murthy for further information and assistance? 

 

Any leads is highly appreciated and thanks

 

 

[JoeF]

For that to work, the mother would have to be an LPR.

8 CFR 211.1(b):

"(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, 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, and the accompanying parent is found to be admissible to the United States. "

 

You can sponsor a GC for your child under family category 2A, but that has a 1 1/2-year backlog.