Children Born during process - (before/after) interview/visa issuance

[Thang PD 3]

Dear all,

I am a US citizen filing IR1 and IR2 for my wife and my son (I am not yet qualified for citizenship transfer for my son so I had to submit I-130).

I am currently living with my wife and son in Vietnam.

We are now at NVC (documentarily qualified). We received emails from NVC stating that NVC is now working with US Consulate in Ho Chi Minh City in Vietnam for interview appointments.

My wife is 5 month pregnant (a baby girl is coming).

I understand that pregnancy is not a ground for expedite reason.

But it would be extreme hardship for us when my wife and my son got there Immigration visas and no papers for the new born baby. We won’t be able to leave for the US leaving the baby behind. We are so ready to move.

Would it still be a reason for extreme hardship ground to get expedite? 

 

I have got some leads from others on VJ and I have kept digging.

I have done some research but the more I read, the more I got confused.

 

Folks, enlighten me PLEASE, once and for all! Thank you very much for your time and patience!

 

I am not English native, Please ignore my typos and grammar mistakes.

 

There are two scenarios:

1.       My wife give birth before the interview/visa issuance:

Because I am a USC so my upcoming baby won’t be derivative of the mother, so she won’t be able to be added to her mother’s case.

-          I will have to file a separate I-130 for the new born baby, is it correct?

-          And later on, my wife and my son get the interview appointments and then visas issued. Visas will be valid for 06 months. Is there any way we could bring the baby with us while I-130 is pending?

-          While the baby’s I-130 is pending, can we extend my wife and my son’s IVs to wait for the baby? Or we just keep rescheduling the interview appointments whenever they come available?

 

2.       My wife give birth after the visa issuance?

-          My wife could give birth in the US. Everything’s done perfectly.

-          But amid COVID pandemic. While international travelling is very hard and strict.

-          Can we just stay in Vietnam and my wife gives birth. And then we do next step according to 9 FAM 201.2-3 (1)(a). Does it apply to us?  

-          What if my wife flew to GUAM island (which is nearest Vietnam) to admit and become a LPR and then come back to Vietnam to give birth? Will 9 FAM 201.2-3(1)(b) apply?

 

Quote

9 FAM 201.2-3  IMMIGRANT TRAVEL WITHOUT A VISA

(CT:VISA-1083;   06-08-2020)

An unexpired immigrant visa (IV), reentry permit, or other valid entry document is required of an immigrant under INA 212(a)(7) except as indicated below.

(1)  Waiver for Certain Alien Children Not Required to Obtain Visas: 

(a)  Child Born After the Issuance of Parent's Visa:  A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

(b)  Child Born to an LPR: A child born of a Lawful Permanent Resident alien mother during a temporary visit abroad is not required to obtain an immigrant visa if

(i)     seeking admission within 2 years of birth; and

(ii)    accompanied by either parent, who is applying for readmission upon first return after the birth of the child.  The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa. 

      Note: In either instance the parent must present the child's birth certificate.

(c)  Requiring Reentry Document of Child’s Parent:  The provisions of 9 FAM 201.2-3 paragraph (3)(b) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), an SB-1 visa, or other appropriate documentation consistent with 8 CFR 211.1(a). With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

(d)  Evidence of Parent-Child Relationship:  To facilitate the admission of children under the provisions of 9 FAM 201.2-3 paragraph (3)(a) and (b) above you should instruct parents to have with them documentary evidence of the parent-child relationship.

 

 

 

 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,092]

Your clear option, if needed, is to delay the interview for mother and son until the next child can interview with them.  You might be granted an expedite for the new child's case.  You could always request an expedited interview NOW for mother and child, based on the circumstances you described.  It's more than JUST "pregnancy".  

[AyeB 5]

My apology if I am missing some of your points, but since you are a USC your baby will be an American, won’t she? All you have to do is go to the US embassy after she is born and get her US birth certificate and US passport, I assume?

[Thang PD 3]

14 minutes ago, AyeB said:

My apology if I am missing some of your points, but since you are a USC your baby will be an American, won’t she? All you have to do is go to the US embassy after she is born and get her US birth certificate and US passport, I assume?

My children are not yet qualified to acquire citizenship at birth through parent(s) lacking certain requirements. That's why I had to file I-130 for my son.

Edited July 1, 2020 by Thang PD

[Thang PD 3]

On 6/29/2020 at 12:09 PM, pushbrk said:

Your clear option, if needed, is to delay the interview for mother and son until the next child can interview with them.  You might be granted an expedite for the new child's case.  You could always request an expedited interview NOW for mother and child, based on the circumstances you described.  It's more than JUST "pregnancy".  

I followed your advice. I sent expedite request to NVC and Senators of my State. Thank you very much!

[Hmongtain907 5]

If you are citizen crba is really easy 

[geowrian 22,335]

8 minutes ago, Hmongtain907 said:

If you are citizen crba is really easy 

CRBA does not apply to the OP's case. They did not qualify to pass citizenship at birth.