Pregnant Daughter

[Jamaica2009 4]

My Brother in law has filed to bring his daughter over. She is over 21 and pregnant. Will she still be able to get through?

[payxibka 10,045]

My Brother in law has filed to bring his daughter over. She is over 21 and pregnant. Will she still be able to get through?

get through what?

[Jamaica2009 4]

get through what?

the visa process

[payxibka 10,045]

the visa process

no, problems because of her medical condition other than the child might be born before the process finishes

[Adil & Jeanne 296]

Can he support her? Is he willing? these are the things that need to be considered. and they will take into fact she is 2 people. Can his oncome support both? I don't need these answered. Just these are what he needs to establish as she will be unable to work and have green card immediately. Along with all the other issues. Is the father of the baby willing to sign off for her to leave her country? and all the normal things we have to go thru.

[ATPEACE 43]

This is how it will go:

Father will be able to petition his daughter after delivery of baby

Father cannot petition grandchild ( is the father a USC or LPR) so this answer could be different depending on status

Daughter will have to petition her own child as a LPR.

Daughter will have to obtain the father of her baby permission to migrate the baby;

That cannot be establish until AFTER birth of baby

As a LPR it will take 4 to 5 years TO MIGRATE THE baby.

All of the above processes will have to take place.

Edited July 9, 2011 by ATPEACE

[Ryan H 3,812]

as she will be unable to work and have green card immediately.

Incorrect. The OP's brother in-law has petitioned for his daughter, she would be entering the US on a immigrant visa and would be given the green card on arrival in the form of the I-551 stamp; the actual card would arrive a short time later.

[ATPEACE 43]

Also as a added note, The embassy will not issue a visa to a unborn child, nor will they issue a visa to grant a unborn child privileges to obtain USC citizenship at birth due to being born on US soil.

The Birth of the child will delay the issuing of the mother's visa.

The pregnancy will be noted during the medical, if your next question would be ;how will they know she is pregnant.

[Jamaica2009 4]

This is how it will go:

Father will be able to petition his daughter after delivery of baby

Father cannot petition grandchild ( is the father a USC or LPR) so this answer could be different depending on status

Daughter will have to petition her own child as a LPR.

Daughter will have to obtain the father of her baby permission to migrate the baby;

That cannot be establish until AFTER birth of baby

As a LPR it will take 4 to 5 years TO MIGRATE THE baby.

All of the above processes will have to take place.

He has already petitioned for her so she will be denied when the time comes?

[Penguin_ie 5,993]

What stage are they at? Ie is interview likely to be soon? If interview is well before birth- no problem. She comes here before she gives birth, has baby on US soil, baby is US citizen (remember most airlines won't let you travel after 32 or 36 weeks). If she has the baby before the interview, then there may be issues as outlined by the posters above.

[ATPEACE 43]

He has already petitioned for her so she will be denied when the time comes?

She won't be denied, the issuing of the visa will be delayed, because they will be requesting the other documents, i.e such as baby BC, and Father's permission. The daughter won't be able to obtain those until after birth.

[NigeriaorBust 4,087]

Does the visa for adult daughters allow for the child to come ? I didn't think that class allowed the children of the visa recipiant

[ATPEACE 43]

Note: the unborn child doesn't have any rights to immediately USC, so allowing the mother to give birth within the US, would be violating immigration laws.

To grant the daughter a visa when they know she is pregnant would be circuenting immigration laws.

[RICARDO4EVA2 194]

My Brother in law has filed to bring his daughter over. She is over 21 and pregnant. Will she still be able to get through?

child will be able to travel if born there in the country since the visa category allows it.

[JimVaPhuong 4,863]

This is how it will go:

Father will be able to petition his daughter after delivery of baby

Father cannot petition grandchild ( is the father a USC or LPR) so this answer could be different depending on status

Daughter will have to petition her own child as a LPR.

Daughter will have to obtain the father of her baby permission to migrate the baby;

That cannot be establish until AFTER birth of baby

As a LPR it will take 4 to 5 years TO MIGRATE THE baby.

All of the above processes will have to take place.

No. The daughter is over 21 so it's a family preference visa. Derivative visas are allowed with family preference visas. She won't need to file a separate petition for the child.

Furthermore, there is currently a 7 year wait for F1 visas. Unless the OP's brother in-law filed the petition a long time ago, it's a virtual certainty that the child will be born long before a visa number is available for her.