How to include my newborn baby in a recently accepted I130 application?
I am a permanent resident, and my wife's I130 application was just accepted by USCIS which is said to be sent to NVC. However, my wife just gave birth to our first child, a son, and we are wondering if we can include him in this accepted case and send his credentials to NVC, or we should contact USCIS about this to update our I130 application. I was wondering if you could let me know the right procedure.
Thank you so much for your time and help.
4 attorney answers
I agree with my colleagues ... wait for the NVC stage .. then fix things there.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
Congratulations! If the I-130 has already been approved and sent to the NVC, I'd just wait for the NVC to contact you and then give them the birth certificate and ask them to add your child to the case.
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Wait to be at the NVC stage for this. "Contacting USCIS" - assuming you even succeed - will be futile.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Although I agree with my esteemed colleagues, you could always engage an immigration attorney to make the process less stressful and to ask personal questions with direct legal answers.
The information provided is not to be considered to create an attorney-client relationship. The information provided is general in nature, and does not represent a thorough review of a situation or case, nor does it constitute legal advice on any subject matter. Seek a private consultation with an immigration attorney of your choice to obtain legal advice.