Can a US permanent resident have a child outside the US that allows the child to have permanent resident status?

Answer 1

The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.

Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA §§ 101(a)(15) and 214(o) (V nonimmigrant status); § 248 (change of status); and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.15, 248, and 245.

Who is Eligible?

A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if:

• The person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);
• The person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000;
• The person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved

But:
An immigrant visa is not yet available;

Or,
There is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.