Under U.S. immigration regulations, children who meet the following criteria do not need to obtain a visa to immigrate to the United States.
- The child born abroad after the issuance of an immigrant visa is accompanying parent within the validity of the parent’s immigrant visa, or
- The child born during the permanent resident mother’s temporary visit abroad provided that;
- Admission is within 2 years of birth; and
- Either accompanying parent is applying for readmission upon first return after the birth of the child.
Generally, the child should present the following information or documents to apply for admission.
- Valid passport or travel document
- Child’s birth certificate listing both the mother and the father (An English translation if the original document is not in English)
- Proof of parent’s permanent resident status (a valid permanent resident card “green card”, or a valid re-entry permit)
8 CFR (Code of Federal Regulations of the United States of America), Section 211.1(b)(1):
(1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child’s birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child ‘s application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.