How to add a child born after the approval of the I-140?

When a child is born after the approval of the I-140, it is possible to add them to the EB-3 visa petition as a derivative beneficiary. This situation is common, and US immigration law provides mechanisms to include dependents who meet the age and marital status requirements, usually before the adjustment of status process is completed or during consular processing.

The first step is to gather all necessary documentation proving the child’s birth, such as the official birth certificate – accompanied by certified translations, if applicable. When continuing the visa or adjustment of status process (via Form I-485, for example), the applicant must include the new dependent by attaching the relevant documentation to the petition.

It is important to emphasize that, even though the I-140 has already been approved, the inclusion of the child must occur while the visa or adjustment of status process is still ongoing. Additionally, attention should be paid to the details of the Child Status Protection Act (CSPA), which can help preserve the child’s eligibility if there are concerns related to the age limit.

Each case has particularities and deadlines that need to be strictly observed, which is why it is essential to carefully follow the public guidance issued by USCIS or the United States Embassy/Consulate. Always remember the importance of maintaining compliance with US immigration laws. Seek official information, consult reliable sources, and avoid trusting offers promising ease or guaranteed results. This caution helps to avoid mistakes and potential future problems, ensuring the process proceeds according to legal requirements.

In summary, to add a child born after the approval of the I-140, it is necessary to provide the child’s birth documentation, incorporate it into the ongoing adjustment of status or visa process, and pay close attention to the deadlines and requirements established by US law. Staying informed and following official guidelines is the best way to handle these situations safely and appropriately.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.