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?
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)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
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.
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. "
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
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