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How can a child born abroad obtain an EB-5 green card?

We already have our conditional green cards and will be traveling to our home country soon. I am expecting a child. If my child is born while we are abroad, will he be eligible for an EB-5 green card as well?

Answers

  • Avatar

    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You have to file the I-130 for your newborn child, and wait around two or three years to obtain the green card for your new child if your home country is China or Mexico. If your home country is in countries other than China or Mexico, it generally takes one year to obtain the green card for your new child.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Yes. A record of permanent residence will be created for a child, born during the temporary visit abroad of a mother who is a lawful permanent resident alien. You must apply for your child's admission to the United States within two years of birth, and, accompanied by your child, your first return to the United States after the birth of your child.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unless it is really unavoidable, it is highly advised that the traveling be delayed until arrival of the baby, as he or she will be a citizen upon birth. However, barring such a delay, if the child is born abroad, the child will not be eligible for an EB-5 green card, but you will have to seek alternative form of making the baby eligible for a green card. Before proceeding abroad, seek the advice of an immigration attorney who will be intimate with your facts.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    For a child born abroad who is under two years old and is entering the United States with his or her mother, who is reentering for the first time since the birth of the child, there is no action needed. The U.S. Customs and Border Protection will create a record of lawful permanent residence for the child by completing the paperwork at the airport/port of entry. For children who do not qualify under those circumstances, either because they are over two years old or because they did not enter with their mother upon her first reentry to the United States after the birth, the mother will have to file Form I-130, Petition for Alien Relative in the F-2A immigrant visa category.

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    John J Downey

    Immigration Attorney
    Answered on

    If the child is born in the United States, then no problem. If born outside to permanent residents, I believe that the child would be considered to have derivative status and would be also a permanent resident. I would check with the Department of State to be sure.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, if it is the first trip abroad since you became a permanent resident. If not, you would need to file a family petition for your child.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    I am not sure when you are expecting your child, but since your child born in the United States will be a U.S. citizen and you do not have worry about him/her getting a green card, I would strongly advise you to time your travels so that your child could be born here in the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, they are eligible, but this must be handled precisely in accord with the regulations.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You would have to go through a sponsorship process. Why not just wait in the United States until your child is born?

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