I file i-130 for my wife when i got my citizenship and the case is still pending at USCIS. Can my wife come with our new baby we

Asked over 1 year ago - Alexandria, VA

I file i-130 for my wife when i got my citizenship and the case is still pending at USCIS. Can my wife come with our new baby we just had in 3 weeks ago when they approved her case or do i need to file a different form for the new born baby?

Attorney answers (5)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . Your wife needs to apply abroad for an immigrant visa. The baby may be a US citizen at birth. If so, apply for a US passport for the baby.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jennifer Sheethel Varughese


    Contributor Level 15


    Lawyers agree

    Answered . I agree with my colleague. Your child may already be a U.S. Citizen.

    Disclaimer: This answer is for informational purposes and does not take the place of a consultation with an... more
  3. Ofelia L Calderon

    Contributor Level 10


    Lawyer agrees

    Answered . You should sit down with an immigration attorney to determine whether your child is already a U.S. citizen. If yes, there is a process. If no, then you will need to file a new I-130 for your child as there are no derivative beneficiaries for immediate relatives such as the spouse of a U.S. citizen.

  4. Mary Carmen Remigio Madrid-Crost


    Contributor Level 18


    Lawyers agree


    Answered . Were you already a U.S. citizen when your child was born?

    DOS web set states -
    :The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible so that a Consular Report of Birth Abroad can be issued as an official record of the child’s claim to U.S. citizenship. Report the birth of your child abroad at the nearest U.S. embassy or consulate. "

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more
  5. Jeffrey Adam Devore


    Contributor Level 20

    Answered . Congratulation on the birth of your new baby!

    There are no derivative family members included in immediate relative relative petitions. Thus, it will be necessary for you to file another petition on behalf of your newborn son or daughter. I suggest you consult with an experienced immigration attorney who can review your case and advise you what needs to be done and how best to proceed to avoid unnecessary delays and disappointment.

    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    4100 RCA Blvd., Suite 110
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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