If you’re a Lawful Permanent Resident (LPR) of the United States and gave birth to a child while temporarily abroad, you may be wondering if your child needs a visa to enter the U.S. The good news is that, under certain conditions, your child may not need an immigrant visa.
Conditions for Visa Exemption
Your child can enter the U.S. without an immigrant visa if:
- Born During Your Temporary Visit Abroad: The child must be born during a temporary trip outside the U.S. This means your stay abroad was not intended to be permanent or long-term.
- Entering the U.S. Within Two Years of Birth: Your child must enter the U.S. within two years of being born. If you wait longer than two years, your child may need a visa.
- Accompanied by LPR Parent’s First Return: The LPR parent (mother or father) must be making their first return to the U.S. since the child’s birth. This means you haven’t re-entered the U.S. since your child was born.
Required Documents for Traveling
Before you and your child travel back to the U.S., ensure you have the following documents:
- Permanent Resident Card (Green Card): Or a valid U.S. re-entry permit or SB-1 (Returning Resident) immigrant visa for yourself.
- Proof of Lawful Permanent Residence: Evidence that you’ve been outside the U.S. for less than one year, or less than two years if you have a valid re-entry permit. (Note: This does not apply to SB-1 visa holders.)
- Valid Passports: Both you and your child must have valid passports.
- Child’s Birth Certificate: The birth certificate should list both parents. If it’s not in English, include a certified English translation.
Final Steps
Once you have gathered all the necessary documents, ensure everything is in order before your flight. This will help avoid any issues when boarding the plane or at U.S. immigration.
Legal Reference
According to 8 CFR Section 211.1(b)(1), a waiver of the visa requirement will be granted if the above conditions are met, allowing your child to enter the U.S. without an immigrant visa. This waiver is processed without a fee upon presentation of the required documents at the U.S. port of entry.
Conclusion
In conclusion, understanding the visa exemption conditions is crucial if you’re an LPR returning to the U.S. with a child born abroad. By meeting the requirements and having the proper documents ready, you can help ensure a smooth return to the U.S. for you and your child. If you have any concerns or need personalized guidance, it’s always best to consult an immigration expert to avoid complications at the port of entry.
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If you have questions regarding Lawful Permanent Resident (LPR), we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
