Child born after the issuance of immigrant visa but before first travel to th us

[Alma38 0]

My step mother filed a petition for me I got aproved and eventually got my immigrant visa.

I then had a baby ( embassy officals were inform that I was was expecting) I have not yet entered the us and have until June 5th to do so. My baby is to you to leave behind . How can I take my baby on my first entry into the us?

[aleful 1,905]

hi

sorry, you can't

is your dad a LPR?, being you expecting, your stepmother shouldn't have filed for you since there are no derivatives with immediate relatives of USC

if you want to come to the US, you will need to leave the baby behind, to the US and file for the baby, you can get a reentry permit for the time being that will allow you to live abroad up to 2 years without loosing your GC

if your dad is a LPR, he should have filed for you, since derivatives are allowed

as of now, you can't bring your baby

plus, is the baby's father around? will you need his permission for the baby to leave the country?

Edited April 2, 2016 by aleful

[EM_Vandaveer 2,408]

I don't believe IR-2 allows for derivatives. You should ask at the embassy about this. Maybe there is some kind of humanitarian option?

[Alma38 0]

Yes my dad is LPR. I was 17 when my step mom filed now 20 I just received IV on march 22 2016 this is what I found

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

(CT:VISA-1829; 04-18-2012)

The child born after the issuance of a visa to a parent is not required to have a

visa if the child is:

(1) Born subsequent to issuance of an IV to the accompanying parent within

the validity of the parents immigrant visa; or

(2) Born during the permanent resident mothers temporary visit abroad

provided that (see 9 FAM 42.1 N2):

(a) Admission is within two years of birth; and

(b) Either accompanying parent is applying for readmission upon first

return after the birth of the child.

Edited April 3, 2016 by Alma38

[aleful 1,905]

hi

tough decision now, since you can't bring your baby,

if your dad files for you now, you might age out the petition and take a long time to come, but as said, if you come you have to leave your baby behind, at least temporarily until you come to the US and get a reentry permit that allows you to stay out of the US for up to 2 years

plus you would have to file a petition for your baby

[Alma38 0]

My dad can't file for my nw because my step mom filed already and I was approved and is an immigrant visa. But the us department of state and foreign affairs man states that a child born subsiquent to the issuance of an immigrant visa to the accompanying parent does not need a visa to travel. Look up section 211 (a) of the i and n act also xf3 child born to subsiquent to issuance of a iv

[newacct 688]

Yes, you can bring the baby along with you on your first entry to the US and the baby won't need an immigrant visa. The baby will become a permanent resident upon entry just like if he/she had an immigrant visa. Although no further documents are needed for the baby to enter as far as the US is concerned, you may need to get a transportation letter from the US consulate indicating that the baby can enter the US, to satisfy the airline and/or the country's exit checks.

[Alma38 0]

Newact your are correct but I think embassy officals in my country are not aware or that law I asked them how can I bring the baby with Me and this is what the wrote back;In your correspondence received you indicated that you have a minor child born March 2016. Unfortunately, this child is not entitled to apply for immigrant visa with you under the IR2 visa category . However, when you enter the United States as an immigrant, you may file a separate petition on line with the USCIS office on their behalf.

[newacct 688]

Newact your are correct but I think embassy officals in my country are not aware or that law I asked them how can I bring the baby with Me and this is what the wrote back;In your correspondence received you indicated that you have a minor child born March 2016. Unfortunately, this child is not entitled to apply for immigrant visa with you under the IR2 visa category . However, when you enter the United States as an immigrant, you may file a separate petition on line with the USCIS office on their behalf.

But you are not asking to apply for an immigrant visa for the child. That is the misunderstanding. The child doesn't need a visa. CBP will let the child in. What you should ask for is a transportation letter indicating this.

[Alma38 0]

Okay I'll try asking for a transport letter but I read that such letter is foe LPR or usc with lost to stolen or expired documents who wish to return to the us

[dwheels76 5,468]

My step mother filed a petition for me I got aproved and eventually got my immigrant visa.

I then had a baby ( embassy officals were inform that I was was expecting) I have not yet entered the us and have until June 5th to do so. My baby is to you to leave behind . How can I take my baby on my first entry into the us?

A friend of mine just went through this in Nigeria. Her LPR husband petitioned her and she gave birth after her interview. So this is what she did and what she was told.

Thank you for your inquiry. Please contactlagosivscheduling@state.gov to request an appointment date for your wife and baby to return to the US Consulate for an immigrant visa interview. She needs to bring the following for the baby on the day of the appointment:

Childs International passport

Visa fee of $325

Two passport photographs (against a white background)

Birth certificate (original and photocopy)

Documents/evidence to establish the relationship with the child.

Medical report for the child from any of our panel physicians.

DS-260 Application for the child

Note: the mother will also need to pay the visa fee of $325 again as we had to cancel her already issued visa in order to include the baby born after her last interview (the visa package should be brought back). The mother needs to also take an oath certifying everything is true on the DS-260 form.

[Alma38 0]

Thank you dwheels but in my case it is my step mother who filed and she us a us citizen by birth which makes me fall in the ir2 category. Does that even make a difference?

[EM_Vandaveer 2,408]

You really should contact the embassy. Strangely enough, if you gave birth AFTER your POE (and somehow this would have happened outside the US) you could have gotten your baby a baby transportation letter.

Try to contact the embassy & see if that's a possibility.

[Hypnos 6,576]

https://www.cbp.gov/sites/default/files/documents/carrier_info_guide.pdf:

Page 10.

"Child born abroad to an accompanying parent after issuance of an immigrant visa to the parent but prior to the parent's initial admission as an immigrant may be boarded as long as the child has a passport or is listed in a parent's passport and is in possession of the birth certificate".

Newacct is correct. The child needs no immigrant visa, and will automatically become an LPR upon entry with their parent. No documentation other than their birth certificate and passport is required. A baby transportation letter may be a good idea, but it isn't required.

[EM_Vandaveer 2,408]

How would the baby board the plane without a visa in their passport? Maybe CBP does not require one, but I doubt the airline would believe this. For this reason OP should continue to pursue getting a baby transportation letter from the embassy.