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Hasan S
Oct 7, 2024
I-130 for Newly Born Child
I am a U.S. permanent resident, and I submitted an I-130 petition (online) for my wife in October 2022. Since then, we had a baby in March 2024, and the I-130 petition for my wife is still in progress as of October 2024. The current priority date for F2A is November 22, 2021. I am wondering if I need to file a separate I-130 petition for my child. The USCIS website states the following, which I find confusing, as it’s under the “Your spouse” section but also talks about children and siblings: “If you are the lawful permanent resident petitioner and the beneficiary qualifies as: • Your unmarried children 21 years of age or older, • Your married children of any age, or • Your brother or sister (you must be 21 years of age or older), you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries, and you should list them in Part 4 of this petition. The derivative beneficiaries described above may apply for an immigrant visa along with the beneficiary.” Would my child be considered a derivative beneficiary, even though the child wasn’t added to my wife’s I-130 petition (because the child wasn’t born when I submitted it)? Is it possible to update or amend the in-progress I-130 to include my child? If I do need to submit a separate I-130 for my child, is there a way to request that my wife’s and child’s applications be processed together?
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