Question: I am a permanent resident of the United States and gave birth to my baby while visiting abroad. How do I obtain status for my child? Answer: There is a procedure that provides for children born abroad to apermanent resident mother in accordance with 9 FAM 42.1 N1.1 contained in the “U.S. Department of State Foreign Affairs Manual Volume 9-Visas.” In order for a Permanent Resident motherto obtain green card status for their child born abroad, three requirements must be met:
The mother must be returning to the U.S. as a Permanent Resident.
The mother must bring the child with her on her first trip back to the U.S. after the birth.
The entry occurs before the child turns two years of age.
Many permanent residents are not aware of this rule and either enter the U.S. for the first time without their child or wait until after the child turns two. If this happens, the parent must then petition for their child which can result in a backlog of many years until a visa number becomes available. In addition, the process may not be well known at certain ports-of-entry.
Berardi Immigration Law has successfully assisted clients in obtaining green card status for their children based on this procedure. If you are a permanent resident and have given birth to a child while outside of the U.S. we can assist you with getting status for your baby. Please contact us by calling 877-721-6100 or send an e-mail by clicking here.
Page summary: Requirements for obtaining permanent resident status for a child born abroad to a green card holder.