Options for Child Born Abroad to Green Card Holders

In our previous blog, Options for Child Born Abroad to US Citizen parents we had discussed the pathway to citizenship or lawful permanent residency for these children but what about children born abroad to a lawful permanent residents. Green card holders who are temporarily residing outside of the United States and have a baby abroad possess unique immigration options and responsibilities. If you fall under this category, congratulations on your new arrival! There’s an important provision in U.S. immigration law that applies to your situation. Your baby is entitled to lawful permanent residence in the U.S., but there are critical steps you must follow to ensure your child’s right to this status. Let’s delve into the details of this process.

Important Guidelines: Act Within Two Years

It’s crucial to know that to guarantee your child’s automatic right to permanent residence, you must bring them to a U.S. port of entry for processing within TWO YEARS of their birth. This should happen during your FIRST re-entry to the U.S. following the birth of your child.

Failure to do this could result in your child forfeiting their automatic right to permanent residence. In this scenario, you would need to file a separate immigrant petition on your child’s behalf—a process that could prove to be a significant undertaking.

Steps to Follow at the U.S. Port of Entry

Here’s what you need to do: Arrive at the U.S. border with your child before their second birthday. Ensure you have the necessary documents with you, including your child’s birth certificate and proof of your identity/status, such as your green card and passport.

Upon arrival, request that Customs and Border Protection (CBP) complete Form I-181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence, for your child. This form is crucial as it establishes a record of your child’s lawful admission into the U.S.

Your child MUST be admitted as a Lawful Permanent Resident (LPR) at the time of entry. Until both these steps have been completed, do not leave the port of entry. After these steps have been fulfilled, you can expect your child’s green card to arrive in the mail several weeks or months later.

What if You Missed the Two-Year Deadline?

If for some reason, you were unable to bring your child to a U.S. port of entry within the prescribed two-year timeframe, all is not lost. In such a case, you would have to file Form I-130, Petition for Alien Relative, on your child’s behalf. This process, though more complex and time-consuming, is a valid way to secure permanent resident status for your child.

Conclusion

Becoming a parent is a joyous occasion, and as a green card holder living abroad, you have the opportunity to share the benefits of U.S. permanent residency with your newborn child. It’s vital, however, to understand the rules and regulations governing this process. Make sure to act within the prescribed timeline to avoid complicated legal procedures and ensure a smooth path to residency for your child. For any intricate cases or complications, it’s recommended to consult with an immigration attorney to navigate the process effectively.