i did contact uscis directly and was told to apply for a travel document at the us consulate close to me and that, 

According to Uscis foriegn affairs law below;

 

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

(CT:VISA-2226; 11-25-2014)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or
(2) Born during the lawful permanent resident mother’s temporary visit abroad provided that (see 9 FAM 42.1 N2):
(a) Admission is within 2 years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.


Do i need to apply for transit, visa or any other application for the baby because i dont have access to speak directly to a usa consulate staff in lagos.

thanks.

No you do not need to apply for a US visa for the child. When you say transit visa does this mean you are not flying direct to the US? If so you may need a transit visa for the country you will transit through.

We went through similar situation 3 years ago albeit from the UK but the rules are the same. The only concern is the people you come across at the airport/airline may not be familiar with the law and may be difficult. We flew BA and they had no clue until they had to call a US immigration official based at heathrow who confirmed. Even then they had trouble entering the baby in the system as they had to put a visa number or something. Long story short we were last to board.

Anyway we also couldn't speak to people at the embassy so we applied for a travel certificate and they emailed asking why we needed one and when we explained they replied saying we did not need a certificate or visa. We printed his along with the FAM 42.1 law and took with us to the airport.

Give that a shot and hopefully you can get something in writing from the embassy to show at the airport. Also arrive at the airport with hours to spare due to the circumstances.

When you arrive the US you will be directed to secondary where the baby's green card will be processed.

Whatever you do do NOT go to the US without the baby as this rule only applies for your first entry after the baby is born. If you miss it you have to apply through the normal long green card process.

Good luck and let me know if you have any other questions. I will look for the email I got and post so you have some guidance.

tmiday:
i did contact uscis directly and was told to apply for a travel document at the us consulate close to me and that, 

According to Uscis foriegn affairs law below;

 

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

(CT:VISA-2226; 11-25-2014)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or
(2) Born during the lawful permanent resident mother’s temporary visit abroad provided that (see 9 FAM 42.1 N2):
(a) Admission is within 2 years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.


Do i need to apply for transit, visa or any other application for the baby because i dont have access to speak directly to a usa consulate staff in lagos.

thanks.

Below is a link to a thread I replied on regarding same issue and you will find text of email I got from the US embassy in London for guidance


http://britishexpats.com/forum/us-immigration-citizenship-visas-34/green-card-holder-who-gave-birth-uk-857362/

tmiday:
i did contact uscis directly and was told to apply for a travel document at the us consulate close to me and that, 

According to Uscis foriegn affairs law below;

 

9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

(CT:VISA-2226; 11-25-2014)
The child born after the issuance of a visa to a parent is not required to have a visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent’s immigrant visa; or
(2) Born during the lawful permanent resident mother’s temporary visit abroad provided that (see 9 FAM 42.1 N2):
(a) Admission is within 2 years of birth; and
(b) Either accompanying parent is applying for readmission upon first return after the birth of the child.


Do i need to apply for transit, visa or any other application for the baby because i dont have access to speak directly to a usa consulate staff in lagos.

thanks.

ttmacoy:
Below is a link to a thread I replied on regarding same issue and you will find text of email I got from the US embassy in London for guidance


http://britishexpats.com/forum/us-immigration-citizenship-visas-34/green-card-holder-who-gave-birth-uk-857362/

I learnt something new today. Kudos to you ttmacoy. Never know that a law like that exist.

Thanks bro. It took a lot of research for us to realise such a law even existed and even at that the US official at Heathrow said he had only had about 3 cases in 6 years.

You need to see the way the check in ladies were looking at us like we were crazy when we said the baby doesn't need a visa or ESTA lol.

Lucasbalo:
I learnt something new today. Kudos to you ttmacoy. Never know that a law like that exist.

thanks a lot ttmacoy, i sent the embassy in lagos an email, they told me they have transferred my case to the appropriate unit and i should be wait for a response. i pray i get something positive. and i will get to the airport earlier so i could be prepared for their questions. i will update you with what they say.

ttmacoy:
No you do not need to apply for a US visa for the child. When you say transit visa does this mean you are not flying direct to the US? If so you may need a transit visa for the country you will transit through.

We went through similar situation 3 years ago albeit from the UK but the rules are the same. The only concern is the people you come across at the airport/airline may not be familiar with the law and may be difficult. We flew BA and they had no clue until they had to call a US immigration official based at heathrow who confirmed. Even then they had trouble entering the baby in the system as they had to put a visa number or something. Long story short we were last to board.

Anyway we also couldn't speak to people at the embassy so we applied for a travel certificate and they emailed asking why we needed one and when we explained they replied saying we did not need a certificate or visa. We printed his along with the FAM 42.1 law and took with us to the airport.

Give that a shot and hopefully you can get something in writing from the embassy to show at the airport. Also arrive at the airport with hours to spare due to the circumstances.

When you arrive the US you will be directed to secondary where the baby's green card will be processed.

Whatever you do do NOT go to the US without the baby as this rule only applies for your first entry after the baby is born. If you miss it you have to apply through the normal long green card process.

Good luck and let me know if you have any other questions. I will look for the email I got and post so you have some guidance.

i got the email from the consulate here stating i could travel. Now does the airline i travel with matter, royal air maroc is the cheapest for now, but am thinking of using airfrance or delta airline because its an american airline and things like this should be easier and faster to sort out with them.

That's great news. Print the email along with the law and to avoid wasting time if they are not familiar with the law try to get them to contact a US official asap rather than wasting time arguing back and forth.

Ideally the airline shouldn't matter but to make things easier my advice would be to fly direct and preferably with Delta as I would expect them to be able to easily confirm and allow you board with the baby.

As I mentioned even BA didn't know about the law and it was quite frustrating travelling with a baby and we literally spent over 2 hours at the check in desk. So I agree hopefully Delta as an American airline should be able to confirm and sort it out quicker.

Once the airline agrees the baby can travel without a visa, there will be an extra issue of recording the baby on the system without a visa number which can take time so due to all this I would hopefully expect Delta to be able to deal with it quicker and better than Air Maroc.

Also I don't know what the transit process is in Morocco but my last experience transiting to the US, I had to go through another mini passport immigration check just before boarding for the final leg and I can see you having to re explain again so to avoid just go direct

Good luck. The baby should get a temporary green card in his/her passport valid for a year and actual green card on the mail in a few weeks.

tmiday:



i got the email from the consulate here stating i could travel. Now does the airline i travel with matter, royal air maroc is the cheapest for now, but am thinking of using airfrance or delta airline because its an american airline and things like this should be easier and faster to sort out with them.