Free EB-5 Project Evaluation If a Green Card holder gives birth to a child while abroad, what is the child’s immigrant status?

If a child is born to a U.S. Green Card holder while she is abroad, a record of lawful permanent residence will be created for the child as long as the following two conditions are met: (i) the child enters the U.S. with his/her mother on the mother’s first reentry into the U.S., and (ii) the child is under two years old upon entry. If these conditions are not met, a parent will have to file Form I-130, Petition for Alien Relative, in order to obtain a Green Card for the child. On the other hand, if the child is born in the U.S., he/she will be a citizen at birth.