Stephie C

The birth certificate will take about 2 weeks to get and the passport between 3-10weeks depending on how busy they are. This can be expedited (for a fee) to one week if needed. Also CBP have requested that we obtain a second copy of their birth certificate for them to keep and two US sized passport photos.

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.

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.

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

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.

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.

I am a US citizen living in the uk with my British husband and kids (I am not eligible to pass on my citizenship to the kids as I have not been physically present in the US for the required amount of time). Their IR1 and IR2 visas have been issued and we are preparing to move to the US in mid May. I am pregnant and will have this baby in the UK within the next 3-5weeks. I was of the understanding that the visa requirements for the new baby would be waived under the federal code of regulations 8cfr 211.1 (b). When I contacted the embassy for a transport letter they replied with an appointment date to file an I-130 for the baby. I have asked via email why the above mentioned regulation could not be used in our case and they have not responded (I’ve been waiting 3 weeks for a reply). I have also emailed US Customs and border protection but i haven’t had a response from them either. Am I right in my thinking that th

Thank you very much for your response, it has really put my mind at ease. I did contact the Embassy just before Christmas, asking them what to do in our situation but got a very generic response basically saying we can’t do anything until the NVC sends us your cases. I will email the embassy this weekend and ask them specifically about submitting an I-130 directly to them. I would be really surprised if we haven’t had the interviews before the baby comes as it’s due 11th April (from past experience it won’t make an appearance until around the 25th) but you never know. Thanks for the pointer, no I won’t refer to the US as a foreign country to an immigration official. It was more a quick and blunt attempt to hi light that giving birth in the US would be a little more than a mere inconvenience. Thanks again for your help.

If I were to give birth in the US I would have to leave no later than the first week in March, give birth alone in a foreign country, where I don’t have medical insurance and am finding it very difficult to get any information on how to get covered as I’m a citizen but not a resident and unable to access the New York State of Health website from outside of the US. I can’t get insured through travel insurance as I’m already heavily pregnant. Leaving behind five children aged 11 and under, two not of school age to be cared for by my husband who works 180mile round trip from where we live so is not at home mid week. If I were not there he would have to stop working (remote working is not a possibility, we have already asked his company) to look after the children. We can’t hire someone to look after the children all week alone because it would cost an astronomical amount and wouldn’t be something that we would ever consider doing. All of this was explained fully in my expedite request.

Thanks for the advice, if I don’t get a positive response from legalnet then I’ll ask about I-130 consular filing for the baby, this would be my preferred option as it would ensure that the baby would get citizenship as soon as they arrive in the states, like the other kids. Please do you have any idea how long it might take to process if the embassy accepts it? Thanks for your help.

I’ve tried twice already, I mentioned the baby and the job and stated that he is the sole financial provider for a family of seven, hopefully soon to be eight. Said this is why I can’t just go over to the states to give birth and wait there for the rest of the family to join me, as he would not be able to work. Unfortunately this was not good enough for them. Both times I got the response that they can’t expedite these cases, no further reasoning or justification.

Thank you I will try that thread. The case tracker also says ’at NVC’. It is very frustrating, we had planned to leave in early Feb when we found out that they were DQ, then we wouldn’t have this issue with the new baby. My husband also has a job waiting for him over there, they wanted him to start early spring but now we will be lucky if we can get there by early June, we are not sure if they will wait that long. Thanks so much for your advice, fingers crossed we hear something soon.

Unfortunately I’m sure, no notifications. I check their CEAC accounts every day and it states that their cases are still at the NVC. I have also contacted the NVC a number of times, asked for the cases to be expedited (rejected) and contacted the embassy all confirmed all are DQ just have to wait for and interview but they cannot predict how long it will take. I was also expecting it to be scheduled by now, the only issue I can think of is that there are six interviews that need to be scheduled (5 ir2 and one ir1) and they don’t have that many slots on the same day. I have said that we are happy to make multiple trips to London if that will speed it up. Do you know of anything else I can try? Thanks so much for your help.

That’s great info. Thanks very much!!

Thanks for your reply, yes the baby would be travelling on a UK passport. Thanks

Thanks very much for your help. Yes I will be travelling on my US passport. I just wanted to try to get it confirmed before get the interviews scheduled and the six months clock starts ticking. As I have petitioned six visas I don’t want all of these to expire while we are waiting for the baby to get approved. Equally i don’t want to assume it’s correct and then get turned away at the airport because the baby doesn’t have the right to enter the US. I have just been advised by the NVC to contact legalnet@state.gov as they aren’t able to give me an answer. Thanks again.

Why would the information found on the US Embassy website not apply? Yes DQ by NVC and awaiting interviews to be scheduled at London Embassy. Thanks for your help.

Unfortunately I’m not as I’ve never lived in the US. Thanks for the suggestion.

Hi, I am an American citizen. I have made petitions to bring my husband and kids to the US. Their Ir1 and ir2 visas were approved by the NVC 23rd October 2023 and we are now waiting for an interview to be scheduled at the US Embassy London. I am 26weeks pregnant, our hope was that the visas would have been issued in time for me to give birth in the US but as we have had no word on the interviews yet, I deontology think that would be possible. Does anyone know how we can take the new born with us without having to file a new I-130 for them and waiting in the UK until it’s approved? I have attached some information I found on the us embassy website but does this apply if the person giving birth is a US citizen? I have asked the Embassy, NVC and USCIS this question but none of them have been able to give me an answer. I have sent an expedite request to NVC but that was denied. I am not able to pass my citizenship onto my children and am not in a position to go to the US to give birth without the rest of my family. Thanks very much for your advice. info from US Embassy London website.pdf

That’s great, thanks very much. I’ll try it on Monday.

This is why I’m finding it so frustrating that after over a month of trying, I still haven’t been able to have my request considered. Thanks for your help.

Thanks for that, it’s very helpful. I have tried Ask Emma before but just kept getting sent to the page outlining what grounds you can make a request. I will try again to get through to a live chat and see if the letters have made it to the right people. Thanks for your help.

Thanks not the reason for making the request, although was mentioned in the supporting documents.

I’ve done this. Posted letters to all four of the service centres that are dealing with the six applications. They were delivered on Monday but no change to my online status to acknowledge the expedite request.

No expedite request was made in May as all the processing changed dramatically from between 2 months to 1 weeks. Now they are saying’ taking longer than expected to process’. My understanding is anyone can make an expedite request and it has to be considered. I haven’t even been able to make the request yet.