New born baby

[EM_Vandaveer 2,408]

Read the law correctly:

"The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident"

Your wife already had a 10-year GC when she gave birth abroad. Also, from CBP's website:

https://help.cbp.gov/app/answers/detail/a_id/1774/kw/permanent%20resident%20child%20born%20abroad/suggested/1

This does NOT seem to apply to so someone who only has an immigrant visa.

I understand what applied to you. I'm not sure it applies to OP's wife & baby.

Your baby was automatically a LPR because your wife was a LPR already. In OP's case, the question is that what happens AFTER baby enters on a baby transportation letter? Will a GC be generated for baby or not? It's unclear. You cannot say you know from personal experience, as your case was different.

The law you are quoting is about the baby transportation letter itself. It does not say anything about a GC for the baby.

Edited August 31, 2016 by EM_Vandaveer

[Mark88 183]

Your wife already had a 10-year GC when she gave birth abroad. Also, from CBP's website:

https://help.cbp.gov/app/answers/detail/a_id/1774/kw/permanent%20resident%20child%20born%20abroad/suggested/1

This does NOT seem to apply to so someone who only has an immigrant visa.

I understand what applied to you. I'm not sure it applies to OP's wife & baby.

Your baby was automatically a LPR because your wife was a LPR already. In OP's case, the question is that what happens AFTER baby enters on a baby transportation letter? Will a GC be generated for baby or not? It's unclear. You cannot say you know from personal experience, as your case was different.

I can, because it falls under the same law. The same law which will grant the green card in this case. Please read it correctly:

"The child born after the issuance of a visa to a parent, or a child under two years of age born of a Lawful Permanent Resident"

Which means in this case: If the child is born after the issuance of the CR/IR-1 visa for the mother, the child will receive the same for travel. The whole law section is called "9 FAM 201.2 Immigrant Travel Without a Visa and/or Passport". The key word is "immigrant", so it only works with an immigrant visa (which the OP's wife is getting!).

And after the baby enters the child citizenship act will make the baby a US citizen automatically by operation of law.

[EM_Vandaveer 2,408]

I read it. It does not say the child will get a GC. It may be implied.

Ultimately, OP will have to take it up with the Consulate.

Also, all of this is an IF. IF the baby will be born AFTER the wife gets her CR-1 issued. If the baby is born before, there will be no other way but an I-130 for the baby.

[EM_Vandaveer 2,408]

https://www.avvo.com/legal-answers/how-to-get-a-newborn-baby-into-the-us--2698864.html

I was curious so I posted this on Avvo.

Two lawyers were clueless (surprise, surprise).

One said to get a baby transportation letter and file I-90 for the GC. The I-90 part does not make much sense.

[Mark88 183]

Immigration lawyers are clueless when it comes to this process. Not many understand it.

I read it. It does not say the child will get a GC. It may be implied.

What else should the baby receive under an immigration section law? A H-1B visa to work for Apple?

[EM_Vandaveer 2,408]

Immigration lawyers are clueless when it comes to this process. Not many understand it.

What else should the baby receive under an immigration section law? A H-1B visa to work for Apple?

You very well may be right.

[shoaibmanai 0]

I spoke to an immigration lawyer and he charged me 250 dollars for it. He said to apply for a tourist visa for the baby

[Merrytooth 5,748]

I spoke to an immigration lawyer and he charged me 250 dollars for it. He said to apply for a tourist visa for the baby

Not going to happen

[Mark88 183]

I spoke to an immigration lawyer and he charged me 250 dollars for it. He said to apply for a tourist visa for the baby

That is like the worst information EVER. Let's just assume the tourist visa would work, what happens next? After 3-6 months your baby will have to leave the country? Or will your child be an illegal immigrant? I would get my money refunded. What was his response what happens after the tourist visa expires after max 6 months and your child is basicly in the US illegally?

[shoaibmanai 0]

He said that the tourist visa will be for 5 years and once the baby is here you can apply for I-130

[Mark88 183]

He said that the tourist visa will be for 5 years and once the baby is here you can apply for I-130

The visa might be valid for 5 years, but the legal stay per entry is only 6 months. Also a tourist visa will only be granted if there is no immigration intent. Since your wife is on an immigrant visa, no consular officer will ever grant that visa (for your child). Plus remember the I-130 process is going to cost about $1000+ for your child while the baby transportation letter is free and after entering your child becomes an USC. Run away and as far as you can from this laywer!

[shoaibmanai 0]

Posted Today, 10:36 AM

I read it. It does not say the child will get a GC. It may be implied.
Ultimately, OP will have to take it up with the Consulate.
Also, all of this is an IF. IF the baby will be born AFTER the wife gets her CR-1 issued. If the baby is born before, there will be no other way but an I-130 for the baby.

If my wife gets the visa before the baby is born there is no need to go through all of this obviously.. I will get her to travel immediately.. The only reason I started this topic was to get clarity in case the baby is born after.

[Mark88 183]

Posted Today, 10:36 AM

If my wife gets the visa before the baby is born there is no need to go through all of this obviously.. I will get her to travel immediately.. The only reason I started this topic was to get clarity in case the baby is born after.

As you noticed yourself, it will only work if the baby is born afterwards. If the baby is born before the issuance of the visa, it will be a whole different story. No need to travel right way, but it has take place within the validility (of the mothers) visa. The BTL only will be issued 30 days before intended travel.

[shoaibmanai 0]

Right now our case is with Nebraska Service Center and already under processing for 5 months. I spoke to USCIS day before yesterday and asked them to raise a case inquiry that it is out of normal processing time. The officer mentioned that they cannot since the system is not allowing them too. When I asked what do you mean, she said that the NSC has a backlog of 55 days which basically kills our timeline.

[EM_Vandaveer 2,408]

Right now our case is with Nebraska Service Center and already under processing for 5 months. I spoke to USCIS day before yesterday and asked them to raise a case inquiry that it is out of normal processing time. The officer mentioned that they cannot since the system is not allowing them too. When I asked what do you mean, she said that the NSC has a backlog of 55 days which basically kills our timeline.

What stage of pregnancy is your wife in?