Can I bring my baby to the U.S.?

[Loryn]

A close friend of mine is seeking advise regarding her case.

Any help will do :)

Thanks,

Loryn

Here's an excerpt from her e-mail:

Our EB3 petition (PD Feb. 2006) is now current and if things go

uninterrupted, let's say we get our Packet 4 and visa by July this
year. So we have 6 months left (till Jan. 2009) to stay here in PH.
I'm pregnant and due November. So what if we decide to stay here
until I give birth, can I still bring my newborn to the U.S. and what
are the steps? Will the Embassy grant my baby an immigrant visa as
well?

You might suggest that we should migrate instantly upon receiving
our visas and have the baby born in the US to avoid such problem.
How I wish it was that easy. Due to financial reasons, it would be
less expensive for us to have the baby born here and at the same
time, my husband's employment contract will expire by December.

[Salsa2]

I read this wrong, I thought the baby's father was a USC, but it looks like he is not.

I imagine you could add the infant, b/c they can't expect you to leave an infant behind, but I do not know the answer to your question, sorry.

[Loryn]

Yes, both parents are soon to be recipients of Immigrant visas.

Was able to find some articles but not sure if my interpretations are correct.

The exact text is in 8 CFR 211.1(b):
"(b) Waivers. (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."

Does this mean that a child born to legal permanent residents outside US can get permanent residence if the baby is brought to US within 2 years on its first entry to US? Will this setup apply to her?

[stephluvju]

Hi Loryn!!! It would probably be in their best interest to contact a lawyer. This is a very unique case. Best wishes! Sorry I couldn't be of more help.