Your Relative Had Children After I-130 Approved – Can They Immigrate Too?
If you are a U.S. citizen or lawful permanent resident (“green card”
holder) who wants to bring a relative to the U.S. on a “family preference”
visa, you don’t need to file a separate “I-130” visa petition for any
children your relative has – you can just list the names of the children on
the I-130 that you’re filing for your relative.
The child is a “derivative” — someone who derives his or her ability to
immigrate from someone else, without the need to apply separately.
After the I-130 is approved, each family member must apply for the actual
U.S. entry visa separately, but at least the whole family can immigrate at
the same time if they want to.
But what about children you couldn’t list on the I-130 because they weren’t
born or otherwise added to the family yet?
Your relatives will likely be waiting for a visa for several years after
the I-130 is approved, it is likely that they might have a child during
this time. Any child born to your relative before your relative is admitted
to the U.S. can get a visa along with the rest of the family, without
another I-130 and without any extra wait. When it’s time for the family to
apply for their visas at the U.S. embassy or consulate, your relative can
apply on behalf of the child, showing proof of the birth and the I-130