Children born abroad to lawful permanent residents during temporary travel may enter the United States without an immigrant visa, provided certain conditions are met, according to U.S. Customs and Border Protection guidelines.
According to CBP, the child must be born during a temporary trip outside the United States and must be brought to the country before turning 2 years old. The lawful permanent resident parent must be returning to the United States for the first time after the child’s birth.
CBP also advises that parents ensure they have the necessary documentation before boarding a flight. The parent must carry proof of lawful permanent resident status, such as a green card, reentry permit or returning resident visa, along with evidence showing they have been outside the United States for less than one year.
If the parent has been outside the United States for more than one year, a reentry permit or returning resident visa is required. CBP notes that reentry permit holders must have been abroad for less than two years, while no specific time limit applies to those with a returning resident visa.
Both the parent and child must have valid passports. The child’s birth certificate, listing both parents’ names, must be presented. If the birth certificate is not in English, an English translation must accompany the original document.
CBP states that eligible children may be admitted without a visa upon presentation of the required documentation, without any application or fee. Additionally, children born after the issuance of an immigrant visa to a parent may also be admitted without a visa if they travel with the parent before the visa expires.
The information is based on CBP guidance materials.