If my wife gives birth while in the US, does this give my wife and child any status preference? 6 Answers as of March 06, 2011I have recently become a Green Card holder after waiting 8 years. Since getting my Green Card I have married a Finnish National. She is now pregnant - I am trying to find a financial living here in the US with my natural mother and step father. If my wife gives birth while in the US, does this give my wife and child any status preference?
Pacifica Legal Services | Floyd Fernandez
You are eligible to petition your wife while here. If she still has legal status once the petition is filed, then she is able to remain under preference category 1 status, until she is eligible to file for adjustment of status (green card), with your child holding derivative status. If you wish the assistance of an attorney in this matter, then please feel free to call me for an appointment for a consultation, via e-mail or phone. I hope to be of service to you.
Answer Applies to: California
Calderón Seguin PLC | Ofelia L. Calderon
Your child is a U.S. citizen if born here, but this does not give your wife any status at all She only receives status through some sort of visa petition in combination with an application for permanent residence. You can file a petition for her now, but of course, there is a wait of approximately 3 years right now for that category. Or you can wait until you become a citizen. The petition you file as a citizen has no wait and she can apply for an immigrant visa immediately.
Answer Applies to: Virginia
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Your child will be a U.S. citizen automatically. However, your wife would have to have you file for her to gain her lawful permanent residence. If you are a U.S. citizen then she is an immediate relative and can file for her adjustment of status; however if you are a green card holder she would be a dependent and thus would have to wait for a visa number to become current, in order to be able to adjust her status to a lawful permanent resident. As I am not sure what you mean by financial living, feel free to call to discuss further.
Answer Applies to: Florida