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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

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. 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:; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site:

  2. 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 experienced immigration attorney. This answer does not create an attorney-client relationship.

  3. 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: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  4. 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

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.

  5. 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.

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