I am USA green card holder. I am married to an Indian citizen (and I am also an Indian citizen). My wife resides in India and I have started her green card process few years ago. We are nearly at the final stages. We are awaiting an interview at US embassy in India, which is currently closed due to covid pandemic. My wife is currently pregnant. It is likely that baby will be born in India because she won't be able to travel to USA before the baby's delivery. What are my options to bring my child to USA?
If your child is born after your wife's immigrant visa is issued, your child can travel to the US together with your wife when she enters with her immigrant visa, and your child can enter the US as an immigrant without needing an immigrant visa. See 9 FAM 201.2-3(3)(a)(i):
(a) The child born after the issuance of a visa to a parent, or [...], is not required to have a visa if the child is:
(i) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or
and the CBP carrier information guide, page 5 (12 in PDF):
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 or is listed in a parent’s passport with a birth certificate.
The child will be admitted as a US permanent resident (green card holder). Technically, all that is needed to prove that the child can travel to the US is the birth certificate showing the parent-child relationship to your wife. However, airline staff often do not know this rule and will not board them without a more concrete document for entering the US. In this case, they can get a transportation letter from the US consulate, which will say that the child can be transported to the US without liability to the carrier. You do not need to file I-131A, and do not need to pay a fee, to obtain this transportation letter. See the I-131A page, under "Special Instructions":
If you have a child who was born outside the United States and is coming to the U.S. for the first time
You may need to request carrier documentation if:
- You are an LPR or have an immigrant visa,
- Your child is under 2 years old, and
- Your child is traveling with you to come to the United States for the first time.
We recommend checking with your airline or transportation carrier first to ensure they will board your child in these circumstances without carrier documentation. If the airline or transportation carrier refuses to board your child without carrier documentation, we can issue a boarding letter. In this situation, you do not need to file Form I-131A or pay a fee for this service.
If your child is born before your wife's immigrant visa is issued, your child will need to get his/her own immigrant visa. Your child can be added as a derivative beneficiary to your wife's case. I am assuming that you are petitioning your wife (you filed I-130 for her) to immigrate as a spouse of a permanent resident (in the F2A category). Your wife's child who was born before she immigrates can immigrate as her derivative beneficiary, and the child will receive a separate immigrant visa, without you needing to file another I-130 for the child. If it's late in the process, adding a new visa application for the child may mean that your wife will have to wait longer before she can come, although it may be possible to ask the consulate to expedite it in this situation.
Although I'm not familiar with Indian nationality law, I assume that your child will be an Indian citizen at birth. As a minor child of a permanent resident, your child is eligible to apply for F2A immigration visa (just like your wife). According to the Visa Bulletin For May 2020, there doesn't seem to be any backlog of applications, so you can start the process as soon as the baby is born and has all the basic documents. I don't know anything about the Indian side of things, so I can't comment on what it takes to get a passport for the baby.