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New baby BEFORE i-130 approval

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  • New baby BEFORE i-130 approval

    So the thing is this, I applied for my wife an i130 under F2A category which got transferred to CSC;
    the thing is - their processing times are ridiculously long (19-24 months), meanwhile the category has become current!
    now, there’s a new baby on the way but I am thinking it would be born BEFORE the approval of the i130 because of these long processing times. If the i130 was approved and we where waiting for the cuttoff date - the child would be eligible for a derivative visa, but I have found nothing on this situation.
    I am guessing the derivative visa law didn’t consider such a scenario in which processing times would be so long.
    Any help would be appreciated.

  • #2
    As long as the child is born before your wife enters the US on her immigrant visa, he/she qualifies as your wife's derivative beneficiary, regardless of whether the child is born before or after I-130 filing or I-130 approval or issuance of your wife's immigrant visa.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      As long as the child is born before your wife enters the US on her immigrant visa, he/she qualifies as your wife's derivative beneficiary, regardless of whether the child is born before or after I-130 filing or I-130 approval or issuance of your wife's immigrant visa.
      Thanks! that’s great news

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