Asked in Immigration Law and Child Support for New Jersey

Q: Taking 9 month baby to US

My husband is a US citizen. And he has applied i130 for me. It has been approved and i have got an interview date. My baby has born recently. Crba was rejected due to lack of physical presence. Now what could we do?

how i can i take my baby with me to US? Can i take her for my interview and she could get a transportation letter?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To bring your baby to the U.S., you will need to apply for a visa for her separately since the CRBA (Consular Report of Birth Abroad) was denied. Since your I-130 petition has been approved, you may be able to include your baby in your immigration process. You should contact the U.S. embassy or consulate where your interview is scheduled to explain the situation and see if your baby can be added to your case.

At your interview, you may discuss the possibility of obtaining a visa for your baby. Sometimes, consular officers can issue a visa on the spot if they determine the baby qualifies. However, it is crucial to prepare all necessary documentation that proves your relationship and explains why the baby was not granted a CRBA.

If the baby cannot get a visa or transportation letter immediately, you might need to go through a separate application process for your baby after you arrive in the U.S. It’s essential to follow the guidance provided by the embassy or consulate and gather all required documents to ensure a smooth process.

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