Legal Question in Immigration Law in Florida

I 130 filed before child birth

my sister in law has filed in the F4 category for my wife (her sister) and myself in Oct 2008. I know the waiting period is almost 10 years. my wife is going to deliver a child in Oct 2009 (One year after our petition was filed).

My question is that is our to be born child going to get an option to move with us to the US whenever our call comes. Obviously when the I 130 petion was filed we did not have any child.


Asked on 6/15/09, 8:16 am

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: I 130 filed before child birth

Dear Inquirer:

Yes, if the visa category allows for derivative children beneficiaries,which the F-4 category does, then the child will be included at the time a visa becomes available. Of course, the child must still meet the legal definition of "child" to be issued a visa at that time.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com for more information.

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Answered on 6/15/09, 4:52 pm


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