Generally, arriving aliens seeking admission as immigrants must have a valid unexpired passport and a green card or immigrant visa. However a waiver of the green card or immigrant visa is permitted for an alien child born during the temporary visit abroad of a mother who is a lawful permanent resident alien. No waiver fee or application is required for this 211(b) waiver. Under 8 CFR 211.1(b) the child must apply for admission before he is 2 years old and must be accompanied by his permanent resident mother upon the mother’s first return to the United States after the child’s birth. The regulation also requires that the mother must also be admissible to the United States.
In summary the four requirements for this waiver are:
- Child born abroad to a mother, who is a lawful permanent resident;
- Child must apply for admission within 2 years of birth;
- Be accompanied by the lawful permanent resident mother during her first return to the United States; and,
- The lawful permanent resident mother must be found to be admissible.
Proving eligibility for the waiver
The following documents are necessary to demonstrate eligibility for the waiver and to document the baby’s status upon admission:
- Long form birth certificate with certified English translation (if not in English);
- Passport for child;
- Four Identical color U.S. passport style photos (used for recordation of status), and
- Proof of non-US citizen status of child’s father – Copy of father’s Passport, Birth certificate, or Permanent Resident Card.
Green Card Mother traveling with the baby to the United States
Unless a child is accompanied by both parents it is strongly recommended that the parent traveling with the child have a parental letter of consent from the other parent. The consent letter may state “I [full name of other parent] acknowledge that my wife/etc.[full name of accompanying parent] is traveling out of the country with my son/daughter [full name of child] who was born in [city/country] on [date of birth]. She has my permission to do so.” The parental permission letter should be notarized and should be accompanied by a certified English translation if the original is in a language other than English.
Inspection and Admission as Permanent Resident- Green Card for Baby
At the Port of Entry, the child and mother will be inspected by a U.S. customs and border protection officer. If satisfied the customs officer will admit the child in NA-3 status to indicate that the child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien. A record will be created on Form I-181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence indicating that your baby was admitted for lawful permanent residence without an immigrant visa in accordance with 8 CFR 211. Your baby’s passport should also be stamped with an I-551 stamp.
You should immediately follow up with an Info-pass appointment at your local USCIS Field Office to verify your child’s status in the database and arrange the payment of the immigrant fee (if any) that is required for the USCIS to produce and mail the baby’s plastic green card.
Contact the U.S. Consulate Permanent Resident Services
Contacting the Permanent Resident Services of the US Consulate and the airline before booking your tickets might be very helpful. The consulate can ensure that you have the documents required to prove the status of the child and to travel with the baby to the United States.
It is best to seek the guidance of an experienced green card lawyer during this process as not all US Customs and Border Protection (CBP) personnel may know about this process. Also the use of assisted reproductive technologies may add further complications to your case. Need help? Call 702-423-2721 to schedule an initial consultation with Las Vegas immigration lawyer Gary Goodin.