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I have had a number of questions and a suggestion for a FAQ about how to add a newborn child to the DV case. So – here are my tips for this situation.

There is no problem with this happy event – it happens all the time – but handling it the correct way is important. How to process the answer varies depending on timing of the birth in the DV process. .

Scenario 1: If the birth is before your case is current or scheduled.

In this scenario, as soon as possible after the birth do the following.

  1. Obtain the birth certificate and the passport for the child.
  2. Unlock the DS260’s of both parents (you need to include both parents details in the email to KCC). Add the child on each parents form.
  3. Create a DS260 for the child. If you have time to wait for the passport number, that’s ideal, if not put the passport number frokm one of the parents. If you have time to correct this before the interview that is ideal – if not you can correct that at the interview.
  4. The child will need to attend the medical appointment with the rest of the family and should attend the interview also. The interview and medical fee will be payable for the child.

Note, adding a child will not normally delay the case.

Scenario 2: If the birth is after you have been scheduled but before the interview.

In this scenario, you cannot unlock the DS260s so you need to contact the embassy and inform them that you will be bringing the child to the interview. So – as soon as possible after the birth do the following.

  1. Obtain the birth certificate and the passport for the child.
  2. Inform the embassy of the birth.
  3. It is a good idea to email KCC about the birth also (but not essential).
  4. The child will need to attend the medical appointment with the rest of the family and should attend the interview also. The interview and medical fee will be payable for the child.

The embassy may ask you to complete a DS260 manually or perhaps another form (DS230). Comply with their instructions. If you cannot obtain the passport or birth certificate in time, talk to the embassy at the interview to see how they can handle that situation.

Scenario 3: If the birth is after you have been approved but before initial entry to the USA.

This is actually very easy. There is a special process at the arrival airport (POE) for infants travelling with new immigrants. The child will be processed for a Green Card upon your arrival and inspection. However, airlines may not understand the rules and sometimes insist on seeing a travel authorization from the US embassy to allow the child to board the flight. Check with your airline to confirm that – and if in doubt obtain the travel authorization anyway.

  1. Obtain the birth certificate and the passport for the child.
  2. If your airline requires it, inform the embassy of the birth and request a travel authorization.
  3. Fly to the USA to activate all your cases including the child.
  4. In this scenario you do not have a medical or interverview for the child and therefore those fees are not paid. You will of course pay the $220  Green Card production fee for the child.

** Please read notes below for where this scenario is described in official documentation for either the embassy or the airlines

Scenario 4: If the birth is after you have entered the USA and activated your status but have in the meantime departed the USA for the birth.

There is a special process in place for Green Card holders who have a baby while abroad. The process is similar to scenario 3, but it is essential that the re-entry is happening for the first time since the birth. The child must be under two years old and accompanied by at least one parent with documentary evidence of the relationship to the parent.

  1. Obtain the birth certificate and the passport for the child.
  2. If your airline requires it, inform the embassy of the birth and request a travel authorization.
  3. Fly to the USA to re-enter the USA including the child.
  4. In this scenario you do not have a medical or interview for the child and therefore those fees are not paid. You will of course pay the $220 Green Card production fee for the child.
Scenario 5: If you had a baby abroad after you became a Green Card holder BUT have returned to the USA since the birth without the baby or the baby is now over 2 years old.

In this scenario you must petition for the baby under family based sponsorship. This can take around 2 years.

Supporting information Section

This section is intended to help you “fight” your position for scenario 3 in particular, when the embassies or airlines may not understand how this process is supposed to work, and they may even argue that the baby needs to complete a DS260, be interviewed and so on. That is not true. So depending on who gives you problems I am going to provide two different sources below to help you with your case, depending on who is giving you problems.

If the embassy suggests your newborn (in scenario 3) needs an interview and so on, please refer them to the FAM guide “201.2-3  Immigrant Travel without a visa” where it says:

“Child Born After the Issuance of Parent’s Visa:  A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.”

The FAM guide is the instructions for COs, so is binding on them.

If the airline has concerns about boarding the baby you can refer them to the CBP publication of the “carrier guide”. In the carrier guide (which is the CBP instructions to the airline) it says the following:

“Child born abroad to an accompanying parent after
issuance of an immigrant visa to the parent but before the
parent’s initial admission as an immigrant may be boarded
as long as the child has a passport and birth certificate. “

So the airline might ask you to obtain a travel permission (sometime called a foil) from the embassy, so check with the airline before the day or travel to make sure they understand the rules.

Hope that answers the questions you may have!