Anyone seeking to gain permanent resident status in the United States is required to apply for an immigrant visa. There are several immigrant visa categories--such as employment sponsored or family sponsored--each of which has a different process for approval. However, one common aspect of each category is that the spouse, child or even a newborn of the immigrant applicant will be accorded the same immigrant status as the applicant. In the case of adding a new born to the application, the steps you will take depend on where you are in the application process and the status of both parents.
Have your sponsor contact the U.S. Citizenship and Immigration Services (USCIS) service center where your petition for immigration was submitted, if the petition has not yet been approved. Your sponsor can inform the USCIS of your newborn and your intention to have your child immigrate to the United States with you. Because you are considered the beneficiary of the petition your sponsor submitted, your newborn will be considered a "derivative beneficiary."
Have your sponsor contact the National Visa Center (NVC) if your petition has been approved to inform them of your newborn. The NVC is located in Portsmouth, New Hampshire, and processes all approved immigrant visa petitions after they have been received from the USCIS. Your petition remains with the NVC until it is ready for adjudication by a consular officer in your country. Depending on the category of your immigrant visa application, your petition may remain with the NVC for several months or even years.
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Inform the consular officer at your application interview about your newborn, if you have already received your consular interview instruction packet from the NVC. Once you have received this notification, your case is ready for adjudication by an embassy consular officer and he will handle all issues related to your application at this point.
- If the applicant's spouse is a U.S. citizen, then the new born will a U.S. citizen and there is no need to add the newborn to the application. If the child is born abroad, the parents can report to the nearest U.S. consulate about the birth of their child to establish the child's U.S. citizenship.