Immigration Corner | What will happen to my child?

Dear Mrs Walker-Huntington,

I was filed for six years ago. I had a child a year after, so she couldn’t be placed on my paperwork. I received a response from the visa centre and I am waiting for my medical to do my interview. Would I be able to take my child with me when I’m migrating to America? Thank you for your time.

– R.S.

Dear R.S.,

This happens fairly frequently, where the beneficiary of an immigrant visa becomes a parent before the filing is concluded. If the beneficiary is in a category where they are permitted to have a derivative beneficiary – the child can migrate with the parent/primary beneficiary.

There are various preference categories where the beneficiary can add an after-acquired child as a derivative beneficiary, among them are the F1 – unmarried adult son/daughter of a US citizen; and F2B – unmarried, adult son/daughter of a green card holder. If, however for example, the petitioner was your US citizen son/daughter – a derivative child cannot be added to the filing.

If you are in a category where you can add the child, after the child is born and the case is at the National Visa Center (NVC) you should obtain the child’s passport and birth certificate and advise the NVC of the existence of the child. Once verified, the child will be added to the filing and a file created for the child to enable you to pay the child’s visa fee and submit the visa and affidavit of support applications for the child. The child’s file will then proceed alongside the primary beneficiary’s filing to an appointment.

If you did not advise the NVC of the child’s existence before the appointment is scheduled and the file sent to Jamaica, you would need to advise the US Embassy in Jamaica prior to appearing at the visa interview. Although not ideal, you may even advise the consular officer at the embassy appointment of the child’s existence.

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