What happens if the child of a U.S. citizen is born abroad before the interview date of the spouse? - EB5Investors.com

What happens if the child of a U.S. citizen is born abroad before the interview date of the spouse?

I am a U.S. citizen and reside in the U.S. I am a petitioner for the I-130 petition of my wife. The petition, in which I mentioned her pregnancy by attaching evidence, was approved by USCIS. The NVC sent me a notice regarding her Immigrant Visa Case becoming Documentarily Qualified. While she is waiting for her interview date, the baby was born. Her immigrant visa interview at the U.S. Embassy/Consulate General overseas is not scheduled yet. I want my baby (who is not yet 3 months old) to immigrate with my wife after her interview gets approved. What should we do?

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You should explore if a CRBA can be filed at the consulate for the baby to be considered a US citizen and get a U.S. passport. If not, file an I-130 for the child and ask to have it expedited to join the case of your wife.

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