Baby born abroad while I-130 pending ?

Asked over 1 year ago - Owensboro, KY

Hi I'm a permanent Resident since Dec 2008 . Get married in India in 2011 and allied I - 130 for my wife in April 2012 which is still pending . Question : Me and my wife have a baby on the way due date in August 2013 . What should I have to do for new born ? Should file a new I - 130 ? what is the process in these kinda case ? I have to apply for citizenship in Oct 2013 . Thanks a lot Daveen

Attorney answers (2)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . I agree with my colleague. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Kevin Lawrence Dixler


    Contributor Level 20


    Lawyers agree

    Answered . You will have to bring the child into the U. S. within six months of its birth, with your wife's permission, to seek LPR Status for it. The child will need a transportation letter, which must be arranged with a consular official. Otherwise, you must petition the child, which can create challenges, since the child is an F2A category visa beneficiary. However, other concerns with your prolonged residence abroad, if true, likely concern us.

    You may want to try to start that process as soon as possible. However, the fact that you are a LPR will create complications and delays. You may even lose your lawful permanent resident status through abandonment.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before you take any further action. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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