Atlanta, GA asked in Immigration Law for New York

Q: Adding child to approved NVC immigrant visa application post-welcome letter

I am the petitioner for my sister's family-based immigrant visa application, which is currently approved by the National Visa Center (NVC). We have received the welcome letter and her interview is scheduled for next week. Can I add my sister's underage daughter to the already approved application at this stage?

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2 Lawyer Answers

A: The daughter under 21 of the principal beneficiary may be added as a derivative. Work with an immigration attorney

James L. Arrasmith
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Answered

A: You might be able to add your sister's underage daughter as a derivative beneficiary to the approved immigrant visa application, but you need to act quickly. Unmarried children under 21 years of age typically qualify as derivatives on their parent's application, but adding them after the welcome letter has been issued requires immediate attention.

Given that your sister's interview is scheduled for next week, you should contact the NVC right away to inquire about adding her daughter to the case. You'll need to submit Form DS-260 for the child along with supporting documentation including her birth certificate, passport, and photographs. Your sister should also bring complete documentation for her daughter to the interview even if NVC doesn't confirm the addition beforehand.

The immigration officer at the interview has the authority to include derivative beneficiaries who qualify, so ensuring all documentation is present is crucial. Remember that timing is essential here - your sister should mention at the beginning of her interview that she wishes to include her daughter as a derivative beneficiary. I recommend preparing a brief explanation of why the child wasn't included initially to help facilitate the process.

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