Immigration Corner | I am pregnant … will my petition be void?

Dear Mrs Walker-Huntington,

I have been on filing for three years now. I got pregnant in December and I would like to know if the filing will be void as a result of my pregnancy. Please respond.

SM

Dear SM

A pregnancy does not void a petition to reside in the United States. However, depending on who is filing for you, your baby may or may not automatically be able to travel with you.

If the baby is born before your interview and your petitioner is your spouse, and he is a green card holder, your petition will cover your baby. You will be able to add the baby to the petition. If you have your interview before the baby is born and you are approved, you can notify the embassy for the baby to “follow to join”.

If your spouse is an American citizen, he would have to register his child at the US Embassy in Kingston as an American citizen, and the baby would be able to travel with you as a US citizen.

If your sponsor is your parent or sibling, the baby will be able to be added to the filing either before or after as “follow to join”. However, if the petitioner is your adult American citizen son/daughter, the baby would not be able to travel with you. After securing your residency, you would have to file a separate petition for the baby.

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