Q: Newborn child while I-130 is pending, do I need to file a new I-130 petition for the newborn?
I'm USC. My wife's I-130 is pending in NVC now. We just had a newborn baby in India. I have not been "physically present" in US for 5years - because although I have resided in US for 5 years, I have taken 2months trip each year to India. Now, how do I proceed for my newborn baby's case? Can I join him to my wife's petition or do I have to file a new I-130 for him? If a new I-130 is required, what happens if my wife's case finalized before my son's case? Thanks
A:
Dear Sir,
It is not clear from the facts whether your son would be able to apply for US Birth Certificate by virtue of his birth to you, a US Citizen. You state that you have not lived in the US for five years but again you state that you did. So, the rule is that you could inure US Citizenship to your child if you resided in the US for 5 years 2 of which were after the age of 14. If you had traveled as you stated for 2 months each year outside the US, in my opinion, such trips should not break the continuity of your residence in the US.
Gus M. Shihab
www.ShihabImmigrationFirm.com
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