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How can we add a newborn baby to our application?

My husband and I got our temporary green cards through EB-5. I will give birth to our first child outside the U.S. soon. We will return to the U.S. when the child is 2 months old. By then, my husband and I will have been staying outside the U.S. for almost 8 months. Do we need to apply for a reentry permit before we enter? When we return, can we add my new-born to our I-829 case so that by the time our green card condition is removed, the baby will become a permanent resident automatically?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you plan to stay outside the U.S. for less than a year, you do not need to apply for a re-entry permit. If you return with a baby born outside the U.S. who is under two years of age and returns with her mother, the baby will enter as an immigrant. Consult your immigration attorney for further details.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you choose to apply for a reentry permit, you must do so while physically present in the United States. It is advisable for any lawful permanent resident who plans to be absent from the United States for more than 180 days to obtain a reentry permit, or at least applies for one, before departing the United States. Also, you should know that a child born outside of the United States who is under two years of age and enters the United States with the mother during her first reentry after the birth of the child will be processed as an immigrant to the United States at the airport. Check with an experienced immigration attorney if you are unsure of the rules that would apply to your situation.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you cannot add any individual to an I-829 filing, the permanent green card filing, if he or she was not part of the underlying I-526, the conditional green card filing. Simply stated you cannot file for permanent green card if you do not have conditional green just as in this case, Thus, the child cannot be added at I-829 level. if you are currently in the U.S., an option is to have the child in the U.S. This will give citizenship status to the child before heading out of the country. However, if you insist having the child outside the U.S., you may still be able to bring the child on your own passport but, upon arrival in the country, you would have to initiate series of immigration filings, including but not limited to I-130, so that the child can gain residency status. Advisably, talk to an immigration lawyer to plan all your options.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I am not sure why you wish to have your child outside of the U.S. since any child born in the U.S. will automatically be a citizen without any need for other immigration petitions. Because your child is born after you became a permanent resident (albeit conditionally), the only way for that child to obtain the green card is though the family sponsorship (filing I-130) by the resident. He or she will not be attached to the I-829 process as the child was never given the conditional residency to remove the condition. Also, the reentry permit must be applied before you left the U.S., not while you are outside of the U.S. Since you have not been outside for more than a year, you should not have a problem coming back in after 8 months, particularly if you could not travel due to pregnancy.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    A reentry permit would be a good idea before you leave. Remain long enough to get your biometrics done and then you can leave.

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    Charles Foster

    Immigration Attorney
    Answered on

    You should bring your child born abroad with you as a conditional permanent resident on the very first trip you make returning to the U.S. Under applicable regulations, U.S. Customs and Border Protection can admit the child as your derivative also in conditional permanent resident status. You should bring with you evidence to prove that presumably you stayed out for almost 8 months due to the birth of the child. You should return to the U.S. as soon as possible and under no circumstances remain out of the country for more than 12 months continuously. You can only apply for a U.S. reentry permit while physically in the U.S.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may need a re-entry permit at this point, and adding a new family member to the I-829 stage should also be acceptable.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Under U.S. immigration regulations (8 CFR 211.1(b)(1)), children who meet the following criteria do not need to obtain a visa to immigrate to the United States: the child born abroad after the issuance of an immigrant visa is accompanying parent within the validity of the parent's immigrant visa; or the child born during the permanent resident mother's temporary visit abroad. provided that admission is within two years of birth and either accompanying parent is applying for readmission upon first return after the birth of the child. The child may subsequently be added to the I-829 when removal of conditional permanent residency is submitted.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    Check your documents. Generally the immigrant has six months in which to enter the U.S. Check with the U.S. embassy that issued the visa to you.

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