A child is born to a lawful permanent resident mother during her temporary absence from the U.S. What must the parent do to be able to bring their child back to the United States and obtain LPR status for him/her?
Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.
· A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.
· The child must apply for admission to the United States within two years of birth.
· The child must be accompanied by the parent who is applying for readmission as a lawful permanent resident upon the first return of the parent to the United States after the birth of the child.
· The accompanying parent will be admitted as an LPR per normal procedures and must be admissible to the United States.
· The relationship between the parent and child must be established, usually by a government issued birth certificate (full version listing names of parents) with a certified (notarized) English translation, if applicable. The translator must certify that the translation is accurate and complete and that he or she is competent to translate from the foreign language into English.
· The child's admission as an immigrant will be recorded at the port of entry on form I-181, which will then be forwarded to USCIS by CBP. The child will also be issued an A-file number by DHS that may then be used to establish eligibility for other federal, state, and local government programs within the United States. http://www.uscis.gov/tools/glossary/number
· After the birth of the child during a temporary visit abroad, if the LPR mother seeks readmission to the U.S. and is not accompanied by the child, the child would then be required to have an immigrant visa and passport before seeking admission to the United States, even if the child subsequently arrives within two years of birth. If the child does not apply for admission prior to the age of two (2) with an accompanying LPR parent, the child will be required to present an immigrant visa and passport in order to be admitted to the United States as a lawful permanent resident. Requirements to determine eligibility and the process for obtaining an immigrant visa are outlined at www.uscis.gov and www.travel.state.gov