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I filed an I-130 for my brother, his wife, and his son in 2002

San Jose, CA |

I filed an I-130 for my brother, his wife, and his son in 2002. They had another son in 2005, please advise how I should proceed with supplementing the application for the additional son without having to redo the whole application over. Thank you!

Attorney Answers 4

  1. When the I-130 is approved and sent to the NVC, inform the NVC about the new child. No need to start over.

  2. Any number of subsequent dependants can be added. Your brother is the principle alien and all dependents qualify under him. No problem, just call it to the attention of the NVC when the time arises. You would be well advised to have an attorney assist you in the consular processing portion . . . it gets complex.

  3. I agree with the other two responses. Inform the NVC of the new addition. Also, when his priority date becomes current, he will have to list all family members immigrating with him.

  4. Yes NVC will require the birth certificate and then they will generate an additional fee bill and forms request at the Department of State stage only. No need to do anything until the I-130 is approved and routed to National Visa Center.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law