GeoffM

I asked this as part of another thread but didn't get any answers. My wife is pregnant and due in September. My visa application has reached the NVC and given average timescales, we could be having the interview and visas issued in July/August. We're planning on entering the US in November. At that rate, we'll have visas but the baby won't.

I thought this would be a reasonably common situation but I can't find much at all on the subject. Plenty about the medical itself with pregnancy but not the visa part.

The only things I've seen with any substance are:
1. Wait for the baby to be born before going for the interview.
-or-
2. You can enter the US with a newborn without a visa subject to the situation above and long form birth certificates etc (and some words were quoted from some CBP manual but without section numbers etc)

I don't know if it's possible to stop the NVC ball rolling with #1. And #2 seems very dubious - albeit authoritative - unless I can find something written somewhere.

Any more ideas?

Noorah101

Are either you or your wife a USC?

Rene

S Folinsky

I have not looked it up recently -- however, the answer is somewhere in the regulations.

GeoffM

With all due respect, that's pretty much a statement of the bleeding obvious. What I was hoping to find out was where that statement was written. In fairness to you, it's clearly not as common as I thought - despite the medical xray/vaccination issue being widely reported which I would have thought would go hand-in-hand.

S Folinsky

Be nice. The Immigration & Nationality Act and the Regulations are on the USCIS web site. FYI, the person in the 50's who drafted the regulations to comply with the then new 1952 Act did everyone a BIG favor -- the regulatory section numbers match the section number of the Immigration & Nationality Act.

Out of idle curiosity, I looked the answer to your question. I did not remember the answer, but I found it quite easily. Sometimes things are hidden in the mumbo jumbo -- but this was not one of the times.

There, not only did I alert you to the issue, I have now suggested where you might look for an answer.

Good luck.

BTW, you are welcome.

Rete

He was nice and responded in kind to a response that was unhelpful and unnecessary. If you don't want to help answer a question, why respond at all.

S Folinsky

Rete: Please take a second look. He clearly responded to my notation and no one else. You know well that there are many things which are not easily discerned from the Act and regulations. OP's question is one of those exceptions.

It is a common mantra in this forum that a person can do it themselves with patience and careful research. I happen to agree with this -- and besides, it is empowering to an applicant to be able to do this. If someone wants to be spoon-fed or does not want to be bothered, that is their prerogative -- but I do ask that they not be rude.

GeoffM

I read Mr Folinsky's post last night, was about to reply, but thought I'd better sleep on it in case I'd missed something obvious. Thank you Rete, it wasn't me then.

Well, yes, it narrows it down to half a million words. Even the table of contents runs to 9 pages. Clearly I'm unable to utter the magic incantation to find the right words within that text - and equally clearly you do, so can you please narrow it down for me?

I always thank people for their help. You can see that in my other threads.

I fully agree - which is how I was able to find those two possibilities in my original post, something I wouldn't have done had I not bothered to do a lot of research beforehand.

S Folinsky

<sigh> Your point is well taken. That said, my memory of the law is more in the sense of "I know generally where it is" and "That one is easy or hard to find." In regards your original question, the top of my head said that it was one of those easy to find. I just did not recall the specifics.

So, as a figurative exercise for the student, I will note that you have posed a question about the documentation necessary for admission as an immigrant. Just looking at the table of contents, you will see that most of the Immigration & Nationality Act does not apply to you.

I make it a practice to look first to the Act and the concomitant regulations on any particular question. To be honest, I find this to be quite effective in dealing with immigration officials -- it is amazing how many times they don't know what is there in open sight! But I digress.

That said, I will give you a hint -- section 211. Note the headings. That is how I looked it up and my memory was confirmed on the general idea that it was "easy."

Good luck.

GeoffM

Thank you, with that pointer I was able to find it. For anybody coming across this in the future (after checking it's still current), the following may be useful:

Sec. 211. [8 U.S.C. 1181]

(a) Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Attorney General.

crg

http://www.state.gov/documents/organization/87519.pdf

9 FAM 42.1 N1 GENERAL
(CT:VISA-1173; 03-30-2009)
The regulations of the Attorney General contained in 8 CFR 211.1(b) (see 9
FAM 42.1 Exhibit I) relating to waivers of documentary requirements for
immigrants provide for admission of certain aliens without visas. An
unexpired immigrant visa (IV), reentry permit, or other valid entry
document is required of an immigrant under INA 212(a)(7) except as
indicated below.
9 FAM 42.1 N1.1 Child Born After Issuance of Visa
to Parent
(CT:VISA-1173; 03-30-2009)
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 IV to the accompanying parent
within the validity of the parent’s immigrant visa and the child is
entitled to derivative status; or
(2) Born during the permanent resident mother’s temporary visit
abroad provided that (see 9 FAM 42.1 N2):
(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.

S Folinsky

Please forgive me, my inner child wants to say "told you so."

I saw both of my girls today.