LPR father married to US citizen but has a foreign born child under the age of 2 , can the child come without a visa

[foofooabla 43]

If a lawful perm resident has a foreign born child outside of marriage, and they are less than 2 years old, can they bring the child over? please provide sources if you know 

[OldUser 6,775]

1 hour ago, foofooabla said:

If a lawful perm resident has a foreign born child outside of marriage, and they are less than 2 years old, can they bring the child over? please provide sources if you know 

What does the other parent (I suppose, mother) say?

Do they agree with this?

Edited September 13 by OldUser

[Boiler 45,585]

They can file an I 130 for the child.

 

Could be a lot of other issues but that is all I can say so far.

[foofooabla 43]

3 minutes ago, Boiler said:

They can file an I 130 for the child.

 

Could be a lot of other issues but that is all I can say so far.

I read that if a child is under 2, they could come without a visa (and become a lpr once they enter the country immediately) but I couldn’t find that on the actual gov site. Just random law firm websites. 
 

Did you ever hear of that? 

[foofooabla 43]

12 minutes ago, OldUser said:

What does the other parent (I suppose, mother) say?

Do they agree with this?

Yes they do. It’s just the matter of how. Because the father (lpr) doesn’t frequent to his child’s home country. 

[Boiler 45,585]

4 minutes ago, foofooabla said:

I read that if a child is under 2, they could come without a visa (and become a lpr once they enter the country immediately) but I couldn’t find that on the actual gov site. Just random law firm websites. 
 

Did you ever hear of that? 

Is the Mother a LPR?

[foofooabla 43]

2 minutes ago, Boiler said:

Is the Mother a LPR?

No, the mom is not a LPR nor a US citizen and has never been to the us (and doesn’t plan to. But the father is an LPR and married to a US citizen 

[Boiler 45,585]

I suppose the USC step parent could file...

 

Will be an interesting case.

[Timona 4,207]

Did you conceive this kid with a fellow Gambian while married to a USC? And did you know the mother previously?

[nastra30 2,287]

No father can't bring child to the US visa-free. If the child's mother was a LPR too then he could have and obtain NA3 stamp at POE. Or if it was his first time seeking admission to the US as LPR then he could also have. 

 

Only option now is I130 petition. Good luck.

 

±+++++++++++++++++

8 CFR 211.1

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-211/section-211.1

8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):

(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 noncitizen, 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.

 

9 FAM 201.2-3 b(2)

https://fam.state.gov/fam/09FAM/09FAM020102.html#M201_2_3

Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if

(a)  seeking admission within 2 years of birth; and

(b)  accompanied by either parent, who is applying for readmission upon first return after the birth of the child.  The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa. 

 

 

[Crazy Cat 41,923]

11 hours ago, foofooabla said:

Yes they do. It’s just the matter of how. Because the father (lpr) doesn’t frequent to his child’s home country. 

Has the father seen the child?

[foofooabla 43]

7 minutes ago, Crazy Cat said:

Has the father seen the child?

Yes

5 hours ago, nastra30 said:

No father can't bring child to the US visa-free. If the child's mother was a LPR too then he could have and obtain NA3 stamp at POE. Or if it was his first time seeking admission to the US as LPR then he could also have. 

 

Only option now is I130 petition. Good luck.

 

±+++++++++++++++++

8 CFR 211.1

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-211/section-211.1

8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):

(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 noncitizen, 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.

 

9 FAM 201.2-3 b(2)

https://fam.state.gov/fam/09FAM/09FAM020102.html#M201_2_3

Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if

(a)  seeking admission within 2 years of birth; and

(b)  accompanied by either parent, who is applying for readmission upon first return after the birth of the child.  The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa. 

 

 

Ok ty!

[Boiler 45,585]

Who will be filing the I 130?

[foofooabla 43]

10 hours ago, Timona said:

Did you conceive this kid with a fellow Gambian while married to a USC? And did you know the mother previously?

No it’s not for me. And they are Senegalese 

[dwheels76 5,468]

The US Citizen step mother can petition child (It's faster) but make sure they have all their ducks in a row and get written notarized permission from mother. Get papers drawn up and get it notarized at the US Embassy to avoid any wahala. It's still going to take a about 2 years or more to get child here but faster with US Citizen filing.