Can I have a baby before my I-130 application is approved? 8 Answers as of January 19, 2011

I-130 Question regarding having a baby before application approved. I haven't been able to find answer to this anywhere. My mother filed the I-130 application for me (unmarried daughter over 21) in October 2009. So I'm only expecting to receive approval decision on application in 2015. While I'm putting my life on hold by not getting married before then, I wanted to know what would happen if I had a baby? Would that alter my application and therefore increase the processing time? Could someone advise... both for: i) If the baby was born outside US ii) If baby was born inside US (would this be considered a violation of my current application - dual-intent or something?)

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Having a baby would have no affect on your immigration rights as a Beneficiary. If you are planning to get married though consult an immigration attorney as this could potentially knock you out of line (depends on whether Mom is a USC or PR) and may change your category.
Answer Applies to: California
Replied: 1/19/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Having a baby is not going to have any consequences on your immigration case. Is only if you get married that will affect you.
Answer Applies to: Florida
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Having a child will not cancel or invalidate your current petition and it will not affect your waiting time. If the child is born outside the U.S. the child can immigrant with you with your priority date is current. If the child is born in the U.S., then the child is a U.S. Citizen.
Answer Applies to: California
Replied: 1/12/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
No, the baby doesn't have any effect on your petition. Only marriage does.
Answer Applies to: Virginia
Replied: 1/12/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
No it would not alter your processing time. Only if you got married.
Answer Applies to: Florida
Replied: 1/12/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    It is not a proble to have a baby. If you are abroad when your visa is availablr, you are the main applicant and your baby will be derivative applicant. If you are in the US when your baby is born, your baby will be US citizen. Having a baby will not increase your processing time.
    Answer Applies to: California
    Replied: 1/11/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    This question is impossible to answer without knowing your current visa preference category.

    Strictly from a legal perspective, it is not a good idea to have a child without being married. Even an unmarried father has a legal and moral right to some say over where his child lives. In some countries, the child's father may have the right to prevent you from taking the child out of the country.

    If you have a child before there is an immigrant visa available to you, you will be making your immigration situation more complicated.

    Your child will not be the same immigrant preference as you. Your child will have a derivative preference from you, only after you get US legal residence. This could delay your child's immigration by months or years.

    Giving birth to a child within the United States does not give the child's mother any right to remain in the United States. Children cannot sponsor their parents for immigration until the children are over 21 years old.

    This question seems purely speculative. If it is a real situation, you need to consult an immigration lawyer.
    Answer Applies to: Washington
    Replied: 1/11/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    Having a baby does not impact your I-130. Only getting married would be a problem as it would revoke the I-130 filed by your mother, if she is a green card holder.
    Answer Applies to: California
    Replied: 1/11/2011
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