+1-800-997-1228
Questions & Answers

How do we add a baby to our filed I-526?

We filed the I-526 in September 2016. I have a baby who was born after I filed the I-526. How do I add the baby before moving further with the EB-5 process?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no provision to add a family member on Form I-526, nor is there even a section to add a family member on the current version of Form I-526. Usually, family member information is submitted at the National Visa Center stage for immigrant visa processing or at the adjustment of status stage if the applicant is in the United States in valid nonimmigrant status.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    It is unnecessary to add a baby in conjunction with your investor petition on Form I-526. It is only when you actually apply for your immigrant visa abroad once your I-526 petition is approved and visa numbers are available or, if in the United States, for adjustment of status, would you include your family members.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no way to and no need to add your newborn to the I-526. He/she can be included at the adjustment of status or immigrant visa processing stage.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You could interfile the information, but it is easier to simply notify the NVC after the case is approved.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    Currently, the I-526 form does not have a section to list your family members. When the I-526 is approved and your case gets transferred to NVC, your attorney will be able to add all the family members, including the new baby.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    You do not need to do anything until your I-526 is approved. After the approval you will add the baby along with all the other family members during the consular processing or at the adjustment of status.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    You really do not have to. When the EB-5 is approved, you can add the child at the next step (either adjustment of status or consular processing).

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Send a letter with the I-526 receipt and the copy of the baby's birth certificate or wait until the I-526 is approved and notify the NVC of the new family member with the birth certificate.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.