Stephie C

The birth certificate will take about 2 weeks to get and the passport between 3-10weeks depending on how busy they are. This can be expedited (for a fee) to one week if needed. Also CBP have requested that we obtain a second copy of their birth certificate for them to keep and two US sized passport photos.

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.

It does, but if the other visas expire before we can enter with the newborn that’s the cost of six visas and 18 months+ down the toilet.

I hope so, I’ll keep hassling the Embassy for a response. Thanks very much for your help.

Yes, they have scheduled an appointment for mid May to file the I-130. My concern is they email stated am minimum of 4weeks just to process the I130. The rest of the family’s visas will expire waiting for the baby’s to be processed as there is only six weeks between the filing date that I have been given and the visa expiry date.

Relevant extract from 8CFR 221.1: (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. (2) For an alien described in paragraph (b)(1) of this section, recordation of the child's entry shall be on Form I–181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The carrier of such alien shall not be liable for a fine pursuant to section 273 of the Act.

I am a US citizen living in the uk with my British husband and kids (I am not eligible to pass on my citizenship to the kids as I have not been physically present in the US for the required amount of time). Their IR1 and IR2 visas have been issued and we are preparing to move to the US in mid May. I am pregnant and will have this baby in the UK within the next 3-5weeks. I was of the understanding that the visa requirements for the new baby would be waived under the federal code of regulations 8cfr 211.1 (b). When I contacted the embassy for a transport letter they replied with an appointment date to file an I-130 for the baby. I have asked via email why the above mentioned regulation could not be used in our case and they have not responded (I’ve been waiting 3 weeks for a reply). I have also emailed US Customs and border protection but i haven’t had a response from them either. Am I right in my thinking that th

Hi, I am an American citizen. I have made petitions to bring my husband and kids to the US. Their Ir1 and ir2 visas were approved by the NVC 23rd October 2023 and we are now waiting for an interview to be scheduled at the US Embassy London. I am 26weeks pregnant, our hope was that the visas would have been issued in time for me to give birth in the US but as we have had no word on the interviews yet, I deontology think that would be possible. Does anyone know how we can take the new born with us without having to file a new I-130 for them and waiting in the UK until it’s approved? I have attached some information I found on the us embassy website but does this apply if the person giving birth is a US citizen? I have asked the Embassy, NVC and USCIS this question but none of them have been able to give me an answer. I have sent an expedite request to NVC but that was denied. I am not able to pass my citizenship onto my children and am not in a position to go to the US to give birth without the rest of my family. Thanks very much for your advice. info from US Embassy London website.pdf