Q
I’m a permanent resident, and I had to leave the United States for a few months. While there, I gave birth to my daughter. Can I bring my daughter back to the United States with me?
A
Yes, if you meet certain requirements. There are two ways to bring your daughter to the United States as a permanent resident after her birth abroad. One way is very quick, while the other way may take a year to complete.
The law bestows U.S. citizenship on all people born within this country’s boundaries. The citizenship of a newborn child’s parents does not matter with births inside the United States. Children born outside the United States can also be considered U.S. citizens at birth depending on the citizenship of the child’s parents. If a child’s parents are only permanent residents when a child is born abroad, the child is not a U.S. citizen at birth. However, the law allows children born overseas to green card holders to obtain permanent residence status in two ways.
The best way to establish permanent residence for a child born overseas is to bring the child back to the United States when you first return here. The immigration laws permit a child born overseas to get a green card upon first entry to the U.S. in two situations. First, if the child is born after an immigrant visa is issued at a consulate, but before the parents arrive in the United States for the first time, the child will be given permanent resident status upon entry. The child’s birth does not have to occur before the visa is issued to the parents. As long as the immigrant visa is still valid when the child is born and the parents bring the child upon their first arrival to the U.S., the child will be given permanent resident status.
The second situation considers when a permanent resident mother has a child overseas while on a short trip outside the United States. The immigration laws also permit a child born overseas during a temporary visit to obtain permanent resident status if the child is brought back with the mother on the mother’s first return to the United States. This scenario has a few additional conditions that must be met. First, the child must be accompanied by the mother upon entry to the United States. In the previous example, either accompanying parent could bring the child, but when the child is born during a temporary trip abroad, the mother must accompany the child. Second, the child must be brought to the United States before his or her second birthday. If the child is already two years old, then this option is not available. Third, the child must be brought to the United States upon the first trip back here by the mother. If the child is left behind when the mother arrives, then the child must obtain permanent residence through another method.
If the first entry method is no longer an option, a parent can still file an immigrant petition to bring the child to the United States. Fortunately, newborn children petitioned this way will not have to wait years and years to arrive. Unlike most other petitions filed by green card holders, petitions filed for children born on temporary trips abroad are exempt from limits and quotas. These petitions are processed immediately, and the child may be able to arrive in the United States in less than one year. Either parent can file the petition, although it is usually easier if the mother files for the child. There is no age limit in the law, but it is presumed that filing at a young age will present a stronger case for approval.
http://www.stephengoldenlaw.com/green-cards-for-children-born-on-trips-abroad/
