Lawful Permanent Resident Child Born Abroad – Does my child need a visa?

This is pertaining to the question asked on the radio this evening Radio Caravan. We wanted to provide this update.

Pursuant to 8 C.F.R. § 211.1(a)(1):  A child born to a Lawful Permanent Resident (LPR) of the United States will be waived the requirement for a visa to enter the United States without a fee as long as:

• the child was born during the temporary visit abroad of a mother who is an LPR or national of the United States; and
• the child’s application for admission to the United States is made within 2 years of the birth; and
• the child is accompanied by the LPR parent who is applying for readmission as an LPR for the first time since the birth of the child; and
• the LPR parent is found to be admissible to the United States

Upon entry, the child’s passport will be stamped “temporary I-551,” and Customs and Border Protection (CBP) officials at the port of entry will complete and issue a Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. CBP officials at the port of entry will submit the Form I-181, Form I-89 (biometric information), and a copy of the child’s birth certificate to U.S. Citizenship and Immigration Services (USCIS) so that a Form I-551 for the child may be produced.

The child’s Form I-551 should arrive in the mail within 30 days. If, after 30 days, the Form I-551 has still not been received, the child’s parent should make an Infopass appointment with USCIS to confirm that USCIS had the correct address and if not, ultimately file a Form I-90, Application to Replace Permanent Resident Card.

Article Number

000001703

Disclaimer

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).