ASK VISALAW.COM

Dear Visalaw.com:

My family and I are permanent residents of the US.  We recently had to return to Australia as my father was seriously ill with cancer.  Now that all is well we are planning to return to the USA.  During our time back in Sydney my wife gave birth to our first child.  I need to know what we have to do so my daughter can become a US resident.  Do we have to make application before we leave or is it automatic?

Glen R.

There are two situations in which a child can enter the US as a permanent resident without obtaining an immigrant visa.  One, which would not apply in your situation, is in the case of a child who is born after the parents obtain a green card, but before they actually enter the US.  The second does fit your situation.  A child under two who is born during the permanent resident’s temporary absence from the US can enter the US as a permanent resident if the child is accompanied by the parent and it is the parent’s first reentry to the US after the birth of the child.  You will need to provide your child’s birth certificate and evidence that the mother is a permanent resident.  The INS officer at the border will create a record and take a picture of the child, and will forward it to an INS office where a green card will be produced.

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