Question:

What visa a baby need?

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I have a three month old baby that born oversees, I have US green-card, I now want to bring my baby to US for a medical reason, (he is diagnoised with some rare conditions), which visa can I apply for him?

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  1. If the child is under 2 years, and the child accompanies a PR parent to the US, and it is that parent's first entry in the US after childbirth, the child gets a GC right at the border.

    8 CFR 211.1(b)(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."

    PS. I am not a lawyer. For reliable advice, consult a competent immigration attorney.

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