US LPR baby born abroad denied Green Card at Border

[Avana]

Hi, I am a US permanent resident. For the last 4 years I have been studying in UK and returning to US every 6 months. Recently I had a baby while in UK and as I intend to live in the US (my whole family is there) I found out that I could bring the baby to the US without a visa and the baby will be issued a green card at the border (under the law that children under 2 born abroad to LPR will be issued LPR status at their first visit to the US if the parent is admissible). In contrary to this, the baby was denied the LPR status even though we were admitted to the country. Instead we paid a visa waiver for a single entry B2 visa (600$). The border officer said that the reason is that I hadn't established my LPR status. I filed a petition for my husband and baby following this.

I am currently applying for jobs in the US and I need to attend interviews. My infant baby has to come with me. So now I am not sure whether to apply for a B2 visa? Will the baby be denied as it will be hard to bring enough evidence that she will return to the UK? My husband has a US tourist visa, should he or myself be the guardian of the baby in the application? I would deeply appreciate any advice. Thank you.

[JAJ]

Normally, a child born outside the U.S. to a Lawful Permanent Resident may be admitted to the U.S. as a LPR in certain circumstances.

https://jp.usembassy.gov/visas/immigran ... ld-abroad/

From the facts stated, the CBP agent likely should have admitted your child as a Lawful Permanent Resident. It also sounds that the agent had doubts about whether you were maintaining U.S. LPR status but admitted you rather than file a report for your green card to be revoked.

Given all this- I think you should consult with a U.S. immigration attorney regarding any next steps. The next time you enter the U.S. you might (or might not) get similar questioning and you should have available all evidence of your residence/ties to the United States. As a LPR your residence should be in the U.S. and while you may take trips outside the U.S. (even long visits) they should only be visits. Do you hold a Re-Entry permit and have you been filing U.S. federal income taxes, and State taxes- if applicable?

In theory you may be able to challenge the CBP decision not to admit your child as a LPR but in practice it may not be a good idea to do so if they are wondering are you really still living in the United States. And if child does not have LPR status and does not hold a visa-waiver passport, then child does need a B2 visa to enter the United States.