AOS pending, add dependent

[tusharvk]

if 458 were to remain pending, PD is current throughout, can a newborn (born overseas) be added to the 485 if the birth takes place prior to the 485 approval?

what are the documents required for this purpose of addition of dependent to the 485?

Not going for CP for the newborn; just want to be sure that the baby can travel to the US on the principal's valid h-status and not have to wait overseas and go through the FB route.

Pls advise.

[Belle]

It is the same as for a spouse, there is absolutely no difference with one notable exception - if the mother get a green card before the birth, the child may just enter the country as an LPR before turning 2.

Also, EB or FB will depend on whether the child is born before or after approval of the principal applicant. AOS vs CP will depend on whether the child may travel to the US in some status. Those are really not strongly related.

[tusharvk]

Originally posted by Belle:

It is the same as for a spouse, there is absolutely no difference with one notable exception - if the mother get a green card before the birth, the child may just enter the country as an LPR before turning 2.

Also, EB or FB will depend on whether the child is born before or after approval of the principal applicant. AOS vs CP will depend on whether the child may travel to the US in some status. Those are really not strongly related.

tks for your reply. is it only for mother or father as well? (entry with father would qualify for the newborn to get GC at poe)?

Also, this is a rule or at the discretion of CBP official?

[Joe.F]

Originally posted by tusharvk:

Originally posted by Belle:

It is the same as for a spouse, there is absolutely no difference with one notable exception - if the mother get a green card before the birth, the child may just enter the country as an LPR before turning 2.

Also, EB or FB will depend on whether the child is born before or after approval of the principal applicant. AOS vs CP will depend on whether the child may travel to the US in some status. Those are really not strongly related.

tks for your reply. is it only for mother or father as well? (entry with father would qualify for the newborn to get GC at poe)?

Also, this is a rule or at the discretion of CBP official?

Entry with the father would work, IF the mother is a Permanent Resident.

This is specified in 8 CFR 211.1(b):

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=8cfr

"(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States."

[Belle]

The law says mother. I know, makes no sense. You can double check with a lawyer.

Actually, you may get stuck in a really stupid situation if the father gets the green card before birth and the mother after. Then, the child will need to sponsored through FB, and you generally can't bring him/her to the US.

[Attorney_6]

It does say children of LPR Mothers born abroad.

But, if the child is born AFTER the parents' GC is approved, it is not necessarily an FB case.

Derivatives in EB GC cases include children of a marriage that existed prior to the GC approval.

I think it would be best to have consultation on this issue to make sure that all the pieces are in place to try to avoid any delay in being able to bring the baby to the U.S.