Immigration Corner | Will being pregnant affect my petition?

Dear Mrs Walker-Huntington,

My mother has been filing for me and my eight-year-old daughter since 2017, but because of the COVID-19 pandemic, things were placed on hold. However, it now seems as if things are once again in motion. My concern is that I might be pregnant and I would like to know if this would stall or void the process, and if my eight year-old daughter would still be able to go.

SH

Dear SH,

As the beneficiary of an immigrant visa filed by your parent, your dependents are eligible to travel. If your petitioner-parent is a green card holder, the beneficiary must remain unmarried and your children qualify as dependents. If your petitioner-parent is an American citizen, spouses and children are classified as dependents.

If you are indeed pregnant, the timing of the pregnancy and your consular processing stage of the filing will be determinative. If your visa and affidavit of support paperwork are being processed, you can go ahead with the processing. However, be aware that if your baby is born before your interview is scheduled, you can add the child to the filing. Any joint sponsor should also be aware of the possibility of an additional dependent.

There might be a little hitch if at the time of your pre-interview medical appointment, the doctors determine that your pregnancy is too advanced for some of the required diagnostic tests. In that instance you would still appear for the interview and have the medical exam finalised after the interview.

You also have the option to delay the process by your participation to allow you to have the baby in Jamaica and add the child.

Just know that having a child prior to your interview will not void the application and timing is key – do not stress yourself over the process and once you are confirmed to be pregnant, consult with an attorney about the timing and which option will work best in your situation.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com