Questions and Answers > EB-5 Requirements

What should be done to ensure our newborn can immigrate with us after I-485 approval?

If we have a newborn after receiving I-485 approval, but before our intended date of first travel as immigrants to the United States, what should be done to ensure the newborn also travels with us legally?

Answers

• Steffanie J Lewis

  Immigration Attorney

  Answered on November 20, 2014

  If you obtain your immigrant visa through consulate processing and the child is born after the U.S. Embassy/Consulate issued your immigrant visa, the child may not need a visa to accompany you to the United States. The Immigrant Visa Unit can prepare a letter for your child that can be presented to the Immigration Officer. If you obtain your lawful permanent residency through USCIS and the child is born after you received the I-485 approval notice, the child is a U.S. citizen by birth if born in the United States. Otherwise, you need to file an I-824 for your child. If the I-824 is approved, the USCIS will notify the U.S. Embassy/Consulate that you are a lawful permanent resident so that your child can apply for a following-to-join immigrant visa

• Lei Jiang

  Immigration Attorney

  Answered on July 3, 2014

  If you are in the United States the newborn is a U.S. citizen. If you are outside the United States you need to inform NVC. Additional documents will need to be submitted.

• Philip H Teplen

  Immigration Attorney

  Answered on June 20, 2014

  If the child is born in the United States, the child is a U.S. citizen and needs a U.S.-issued passport.

• Gregory Romanovsky

  Immigration Attorney

  Answered on June 17, 2014

  Your child should be added to your case through the National Visa Center (additional forms must be submitted and additional fees must be paid).

• Karen-Lee Pollak

  Immigration Attorney

  Answered on June 17, 2014

  You generally will not be filing I-485 applications if you are outside the United States. You will advise the national visa center of the birth of your child; will provide a copy of birth certificate; and will file a DS-230 for your child.

• Ed Beshara

  Immigration Attorney

  Answered on June 17, 2014

  The U.S. consulate can receive a request to join in the the newborn based on a procedure called " following to join."

• Salvatore Picataggio

  Immigration Attorney

  Answered on June 17, 2014

  You would have to notify USCIS and provide the birth certificate.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on June 17, 2014

  It appears that you mean your immigrant visa approval, not your I-485 approval. Form I-485 is filed ONLY for persons in lawful non-immigrant status in the United States who are seeking adjustment of status to become lawful permanent residents. If you are immigrant visa processing at a U.S. embassy or consulate in your home country, then you will not file Form I-485. If you give birth to a child within the validity period of your immigrant visa OR during the first return to the United States after immigrating, and you are entering the U.S. as a lawful permanent resident with the child who is under two years of age, then no immigrant visa for the child is needed. The green card paperwork for your child will be processed at the port of entry (airport).

• Stephen Berman

  Immigration Attorney

  Answered on June 17, 2014

  Generally one files an I-485 only if they are in the United States. Otherwise, you need an I-824 application for action on an approved petition, or other consular notification of adjustment of status. The exact facts make a difference.

• Jinhee Wilde

  Immigration Attorney

  Answered on June 17, 2014

  I-485 is adjustment of status for those people who are already in the United States under another valid status. If you are outside of the United States and will do the immigrant visa applications, then it is the DS-260 process through the National Visa Center (NVC) and Consulate at the U.S. Embassy located in your country. If you have a child after you file the I-526, then your immigration lawyer should be able to notify the NVC to add the child with the birth certificate and request that he/she be processed with your immigrant visa process. This way, you, your spouse and the child will all obtain the immigrant visas together and enter as permanent residents, conditionally for 2 years.

• John J Downey

  Immigration Attorney

  Answered on June 17, 2014

  I would bring the birth certificate with you at the time of your U.S. consulate interview.