I would like my new born baby to attend the same family immigration interview, I had the baby while waiting for the inte

Question

I applied for a family immigration visa in November 2022, as my wife is a U.S. citizen, and my visa interview is scheduled for November 12, 2024. Since applying, we have had a newborn, who is now 3 months old, and we want to bring her with us. However, filing a new I-130 petition for her may take some time. Is it possible to include her in my visa interview, or could we bring her to the U.S. on a visitor visa and later request an adjustment of status? Thank you.

Carlo Franco L. Borja · Answer

The child of a US citizen mother is a US citizen. Apply for Consular Registration of Birth Abroad (CRBA).

James L. Arrasmith · Answer

You may not be able to include your newborn directly in your upcoming visa interview without filing a separate petition, as each applicant must have their own visa process. For your baby to obtain a visa, a new I-130 petition would typically be required. This process can take some time, so it's best to start as soon as possible. 
 
Bringing your newborn to the U.S. on a visitor visa with the intention of adjusting status later can be risky. Visitor visas are meant for short stays, and entering the U.S. with the intent to adjust status could raise issues of misrepresentation. It's important to be honest about your intentions when applying for any visa. 
 
To ensure you follow the correct steps, you might consider consulting with a legal expert or immigration professional to explore your best options. They can guide you through the process and help avoid any potential issues.

Q: I would like my new born baby to attend the same family immigration interview, I had the baby while waiting for the inte