US visa status of baby born outside the US to green-card holders?
Answer:
Did a little bit of digging around to find an answer for you. Found this one on the US embassy Warsaw website but it would be the same for any country.
I am a permanent resident and my baby was just born in Poland.
Your child can enter the United States with a transportation letter provided that:
▪ the child was born during the mother’s temporary visit abroad
▪ his/her admission to the U.S will be within two years of birth; and
▪ either accompanying parent is applying for readmission upon first return after the birth of the child.
You will need to follow all of the procedures outlined above to apply for the transportation letter.
You should bring:
▪ your baby’s valid passport;
▪ three identical visa photographs of your baby;
▪ evidence that you are a Lawful Permanent Resident and have been outside the United States for less than one year.
▪ A complete version of your child's birth certificates (Odpis zupełny aktu urodzenia) with an English translation by a sworn translator (tłumacz przysięgły). The Polish "short form" of birth certificate is not accepted.
You can apply for the baby as a dependant (as you may have done for your spouse) but I don't know if they will let you in with the child as a tourist. Go to uscis.gov for the options.
The baby has the nationality (and citizenship) of the parents ... and/or the country in which it was born, in most cases.
Since the parents are currently in 'green card' status - which really means they are PERMANENT RESIDENTS of the US, but CITIZENS of another nation - the baby born outside the US has NO claim to US citizenship.
The paperwork needs to be done to bring the baby back as a dependent of the green card holder(s); contact USCIS for exact details. However, I believe the infant can come back while the paperwork is being processed ... assuming the parents have have a really good reason for being outside the country in the first place AND their status is not dependent on them having remained on US soil.
The Immigration information post by website user , MyTend.com not guarantee correctness.
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