QUESTION

How to add a name of new born child in I130, already approved in 2010, born to the beneficiary, married son of US Citizen.

Asked on Jul 08th, 2012 on Immigration - Arkansas
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will make two assumptions in answering your question. The first is that the beneficiary is overseas since there would be no need to add a child who is born in the U.S. since the child is already a citizen by birth in this country. As the I-130 petition was already approved in 2010, and the beneficiary is under the F-3 category as the unmarried son of a U.S. citizen (which category is currently backlogged to May 20, 2002, for most of the world except Mexico and the Philippines), I will also assume that the beneficiary's priority date is not close to becoming current. If that is the case, the approved petition is most likely with the National Visa Center (NVC). The NVC is the holding facility for consul-bound cases after petitions are approved by U.S.C.I.S. and are kept there until priority dates are close to becoming current at which time they are sent to the appropriate American consulates or embassies for immigrant visa interview. Either petitioner or beneficiary or legal representative can request the NVC to add the child onto the beneficiary's case. Such can be done via a letter to the NVC and proof of the child's birth. The address of the NVC is: National Visa Center 32 Rochester Avenue Portsmouth, NH 03801-2909 Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
Answered on Oct 13th, 2012 at 6:04 PM

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