Hi, just a quick update, had it confirmed by US Customs and Border Protection at JFK that the baby will be allowed to enter the US without a visa or a transportation foil under these circumstances pursuant to: 8 CFR 211.1(b), 22 CFR 42.1(d), 9 FAM 201.2 (b)(1). When will we enter the US CBP will file all the necessary paperwork to the USCIS to make the baby a LPR, without any fee.
I am still trying to get the airline to confirm that they will let the baby board the plane without a visa. The CBP have suggested that I ask them to contact the regional carrier liaison group and they will confirm that the baby’s visa requirements are waived.
I hope this information is useful to others, especially hanks for all of the advice. Back to dealing with a breech baby.