Bringing 3month child back to US by green card holder mom

[neli09]

Hi Ron,

I really hope you can help me.

My sister is a US green card holder due for citizenship filing. She had her baby abroad (Nigeria). I got a lot of information online that states-

LAW STATES: A child under two years of age who was born of a Permanent Resident mother during temporary visit abroad does not require an immigrant visa in order to travel to the United States. The child must be admitted to the U.S. within two years of birth and the accompanying parent must be applying for readmission upon first return after the birth of the child. Accompanying parent must carry documentary evidence of relationship to the child, including the child's passport and birth certificate.

I called her and told her to go get a transport letter at the US consulate in Nigeria, she went to the embassy and they told her that they've never heard of her situation and such law doesn't exist!!!

Now we are all confused as to what she needs to do next????

I read somewhere online where a lady brought her kids back to the US (green card holder) without travel letter, she just had the babies passport, immunization records and birth certificate, after so many hurdles at the airport she was allowed to enter the US with her baby and he was given a green card at the port of entry into the US.


Do you think she should go ahead and try bringing them back with her with all the required documentation? That seems to be the only way out now because the US embassy in Nigeria cant help her!!


Please help, she is due back here soon for her finger printing for citizenship but she cant leave her 3 month old babies with family members in Nigeria.

[fromnaija]

I joined the forum so as to respond to your question. Tell your sister NOT to leave her baby in Nigeria as she must bring the baby on her first entry into the US after delivery.
Having said that, the US Embassy in Nigeria is staffed by incompetent people if they are unaware of this law. I have friends from India who were in similar circumstance as your sister but were given the required letter by the Embassy staff in India.
Tell her to bring her baby with all the required documents and she would be let in and the baby given Green Card at the port of entry.

[neli09]

Thank you sooo much from responding! Do you think they'll let her and her babies come over? what and what does she need? Do you know of any body that went through this? She is really confused, as we all are.

I just want to make sure that she is not turned back! The US embassy in Nigeria is really incompetent, She flew all the way to lagos today and was told that they didn't offer such service!

[neli09]

Btw, she had twins...a boy and a girl.

Sorry for all my typos, just very confused and nervous for her....

[fromnaija]

She should be fine with the documentary evidence of relationship to the children; birth certificates, passport, immunization records, etc.

[ssuurrss]

Contrary to good sense, why did she go to Nigeria to have her babies? Now the kids can't become the president of the US. Why would a parent deprive a child of the honor of becomming a president of the US? Especially when she was a green card holder.

[neli09]

@ ssuurss - Family emergency trip!

@ Fromnaija - Thank you for your efforts!

[ssuurrss]

Thanks for your reply. If you have a birth certificate, passport and other documents to prove that the children are hers, there should not be any problem at the POE. In india, we could add the children onto the mothers passport, I don't know about Nigeria.

[Ron Gotcher]

Tell your friend to ask the consular staff to look at title 9 of the Foreign Affairs Manual, part 42.1, Exhibit 1, which quotes from Title 8, Code of Federal Regulations, Part 211(b), which states in relevant part:

The child born after the issuance of a visa to a parent is not required to have a visa if the child is:

(1) Born subsequent to issuance of an immigrant visa to the accompanying parent within the validity of the parent's immigrant visa [see also 9 FAM 42.1 N2]; or

(2) Born during the mother's temporary visit abroad provided:

(a) Admission is within two years of birth; and

(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.

[rachelimmig]

You need to contact you embassy and ask them what you need to do. By calling them you are sure that what you're doing is right.