Will a derivative of an F2B beneficiary be denied a visa if the derivative was named after her father? 2 Answers as of July 22, 2011

My mother, who is a lawful permanent US resident, filed a visa application (F2B) for me, her daughter who is above 21, in 2004. Currently, I'm waiting to be allotted a visa number. And since the nature of the petition requires that the applicant remain single (unmarried sons and daughters of LPRs), I have kept myself from marital vows up to now. However, I am now pregnant and soon to give birth. I would just like to confirm if: 1. My soon-to-be born child is qualified to be considered a "derivative" of my F2B petition, and therefore be issued a visa together with me? 2. Will it affect the eligibility of my child's derivative status if she takes her biological fathers last name? (Note: in our country, even if the couple is not legally married, the child can take the surname of the father)

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you are the principle of the petition, yes your child will be included regardless of what last name he has.
Answer Applies to: Nevada
Replied: 7/22/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You and your child will be allowed to come in at the same time as long as you remain unmarried and the child is under the age of 21. His name does not matter as long as they are your child. Good luck!
Answer Applies to: California
Replied: 7/21/2011
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