QUESTION

What immigration law governs taking a baby to the United States?

Asked on Feb 12th, 2012 on Immigration - Texas
More details to this question:
I am LPR and filed I-130 petition for my wife. Now it was approved and processed in NVC. My wife is living in Sri Lanka. She will have IV interview at the US consulate in Sri Lanka. She will have a baby within next two months. Please explain to me, what is the immigration law to bring baby to the USA if she has a baby during IV processing or after she got IV. Thank you very much.
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4 ANSWERS

Leon Wildes
You can sponsor the child separately if you wish, like you did for your wife but you need US citizenship or they will wait for years to proceed here.
Answered on Feb 28th, 2012 at 9:48 PM

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The baby should get permanent resident status because you are a permanent resident. You and/or your wife will need to contact the US embassy where the baby was born to process the paperwork.
Answered on Feb 27th, 2012 at 7:16 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Just add the baby to the application by informing the consulate. If the case is still in the NVC, inform the NVC. No need to file new petition for the new born.
Answered on Feb 24th, 2012 at 7:33 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Depending on the timing of the child's birth, you would need to file a "following to join" IV petition for the child.
Answered on Feb 23rd, 2012 at 7:07 PM

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