Which application must I submit in order for my baby to get Permanent US Resident Green Card? Baby was born abroad from an LPR mother and has NA3 Admission with I-181 Form. Thank You.
Answer
The child is not automatically entitled to permanent resident status. There is a protocol in place for children born abroad to LPR parents that allows them to enter using what amounts to a non-immigrant visa to promote family unity. You can file the I-130 visa petition for your child but as an LPR that petition is subject to the annual quotas and will take some time to become ripe. When you naturalize, you can upgrade that visa petition and your child can then adjust status immediately. If you choose not to naturalize you will need to monitor the child's status until such time as the visa petition does become ripe to ensure the child is eligible to adjust status at that time.
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