Emigrating with a new born after ir1 and ir2 visas have been approved (Merged threads)

[Stephie C 8]

Relevant extract from 8CFR 221.1:

(b) Waivers.

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States. 

(2) For an alien described in paragraph (b)(1) of this section, recordation of the child's entry shall be on Form I–181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The carrier of such alien shall not be liable for a fine pursuant to section 273 of the Act.

[Boiler 45,449]

The Consulate will process the I 130?

[Dashinka 24,481]

This is interesting, and somewhat conflicting information.  I wonder if this only applies if the mother is the intending immigrant.  Reading 8CFR 221.1 it doesn't seem to apply, but based on your response from the consulate, it seems they will rush a visa for the newborn.  When is the appointment?  Honestly, if the consulate is willing to do this despite what shows on their website or in the CBP carrier guide, it might be the cleanest option as all the other options were already discussed.

 

Good Luck!

 

 

 

[powerpuff 6,685]

Related threads merged. Please do not start a new thread for this topic (bringing newborn to the US after immigrant visas approved) and post any further follow up questions or updates here only.

 

VJ Moderation 

[Stephie C 8]

1 hour ago, Boiler said:

The Consulate will process the I 130?

Yes, they have scheduled an appointment for mid May to file the I-130. My concern is they email stated am minimum of 4weeks just to process the I130. The rest of the family’s visas will expire waiting for the baby’s to be processed as there is only six weeks between the filing date that I have been given and the visa expiry date. 

[Boiler 45,449]

Beats 18 months.

[Dashinka 24,481]

3 minutes ago, Stephie C said:

Yes, they have scheduled an appointment for mid May to file the I-130. My concern is they email stated am minimum of 4weeks just to process the I130. The rest of the family’s visas will expire waiting for the baby’s to be processed as there is only six weeks between the filing date that I have been given and the visa expiry date. 

I expect the 4 weeks is just a canned response in emails sent out.  Explain the situation to the CO, I expect they can rush a visa for a newborn (not much to do relative to a background check and all).

 

Good Luck!

[Stephie C 8]

1 hour ago, Dashinka said:

I expect the 4 weeks is just a canned response in emails sent out.  Explain the situation to the CO, I expect they can rush a visa for a newborn (not much to do relative to a background check and all).

 

Good Luck!

I hope so, I’ll keep hassling the Embassy for a response. Thanks very much for your help. 

[Stephie C 8]

1 hour ago, Boiler said:

Beats 18 months.

It does, but if the other visas expire before we can enter with the newborn that’s the cost of six visas and 18 months+ down the toilet. 

[Boiler 45,449]

40 minutes ago, Stephie C said:

It does, but if the other visas expire before we can enter with the newborn that’s the cost of six visas and 18 months+ down the toilet. 

There seems lots of options.

[Lemonslice 4,831]

On 3/20/2024 at 9:18 AM, Boiler said:

There seems lots of options.

Yes.  I can think of a few ones.  Easiest might be to leave the newborn with family for a day and do a round trip to the USA with the immigrants, if it comes to that.  

[pushbrk 12,870]

3 hours ago, Lemonslice said:

Yes.  I can think of a few ones.  Easiest might be to leave the newborn with family for a day and do a round trip to the USA with the immigrants, if it comes to that.  

Last resort, of course, but it is an option that works, even though expensive.

 

[Lemonslice 4,831]

46 minutes ago, pushbrk said:

Last resort, of course, but it is an option that works, even though expensive.

 

Probably less expensive than redoing the whole process for 6 of them... Also, I might be mistaken, but I think some of their kids will be ageing out - if the consulate is not agreeable, they will have to be active and find their own solutions.  They might even have a better plan already, who knows?

[Stephie C 8]

On 3/20/2024 at 6:01 AM, Stephie C said:

Relevant extract from 8CFR 221.1:

(b) Waivers.

(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States. 

(2) For an alien described in paragraph (b)(1) of this section, recordation of the child's entry shall be on Form I–181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The carrier of such alien shall not be liable for a fine pursuant to section 273 of the Act.

Hi, just a quick update, had it confirmed by US Customs and Border Protection at JFK that the baby will be allowed to enter the US without a visa or a transportation foil under these circumstances pursuant to: 8 CFR 211.1(b), 22 CFR 42.1(d), 9 FAM 201.2 (b)(1). When will we enter the US CBP will file all the necessary paperwork to the USCIS to make the baby a LPR, without any fee. 
 

I am still trying to get the airline to confirm that they will let the baby board the plane without a visa. The CBP have suggested that I ask them to contact the regional carrier liaison group and they will confirm that the baby’s visa requirements are waived. 
 

I hope this information is useful to others, especially hanks for all of the advice. Back to dealing with a breech baby. 

[Lemonslice 4,831]

7 minutes ago, Stephie C said:

Hi, just a quick update, had it confirmed by US Customs and Border Protection at JFK that the baby will be allowed to enter the US without a visa or a transportation foil under these circumstances pursuant to: 8 CFR 211.1(b), 22 CFR 42.1(d), 9 FAM 201.2 (b)(1). When will we enter the US CBP will file all the necessary paperwork to the USCIS to make the baby a LPR, without any fee. 
 

I am still trying to get the airline to confirm that they will let the baby board the plane without a visa. The CBP have suggested that I ask them to contact the regional carrier liaison group and they will confirm that the baby’s visa requirements are waived. 
 

I hope this information is useful to others, especially hanks for all of the advice. Back to dealing with a breech baby. 

Great news then!  How long does it take to get a UK passport, not too long I hope?