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Baby born abroad while I-130 pending ?

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

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Attorney answers 2


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.



I don't spend that much time in India. Only 4 months in last 5 years that is less than 180 days in term of 5 years of LPR (apply for citizenship.) And I don't break any law so I can lost my LPR. It's a simple thing I'm LPR who can married I think anywhere and just apply papers for my wife and have kid on the way. And try to get my wife and baby here. sorry I appreciate for your answer but don't understand why I have to bring only my baby here since I am waiting for a approval for my wife case even it's take long. But after my USC (which will be after 6 months) I can upgrade her case and can do something or newborn.

Kevin Lawrence Dixler

Kevin Lawrence Dixler


You can certainly petition and try to upgrade the petition for your child. It may be more or less complicated depending upon the situation. It may also be more or less expensive, as well. Good luck.


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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova