Adding a derivative... Help!

[PRGuy 3]

Hello Y'all!

We are in desperate mode because we just got two different responses to our question.

Here's our situation:
DS-260 submitted for my stepdaughter. during waiting time, we found out she was pregnant. during pregnancy, she received an appointment for green card interview. Baby was born almost two months before the appointment, and as soon as she had her birth certificate and passport, we submit the documentation, and added her to her mom's application as derivative. 

We called yesterday to the embassy to make sure that all documents were received (10 days after submission) and they confirmed that they were received. I asked about how to pay the fees, and the person stated that we must contact US Travel Docs, and inquire about it to them. We asked the representative about add the baby to moms appointment, and he said to come with the baby the same day as mom's appointment.

Once we got the response from US Travel Docs about the payment, they stated that since an appointment is already scheduled, you CANNOT ADD ANOTHER APPLICANT TO IT!

What to do? Anyone has gone through the same situation?

 

Thanks so much for your time

 

PRGuy

[JeanneAdil 6,505]

there is no derivative on the petition so the baby is not eligible meaning child can not travel here with her

 

when she gets her green card,  she can apply for her child 

 

https://www.uscis.gov/family/bring-children-to-live-in-the-US

[Mike E 11,739]

@PRGuy

 

https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html

 

“Only one of the family-based immigrant visa categories does notdo so: the so-called "immediate relative" category. This includes a U.S. citizen's parents, spouse, and unmarried children under 21 years of age. ”

So as @JeanneAdil notes there is no derivative available to your step daughter.  
 

How old is your step daughter?

[Boiler 45,517]

How do we know what category she is in?

[PRGuy 3]

54 minutes ago, Mike E said:

@PRGuy

 

https://www.nolo.com/legal-encyclopedia/when-children-can-immigrate-the-us-with-their-parents-derivatives.html

 

“Only one of the family-based immigrant visa categories does notdo so: the so-called "immediate relative" category. This includes a U.S. citizen's parents, spouse, and unmarried children under 21 years of age. ”

So as @JeanneAdil notes there is no derivative available to your step daughter.  
 

How old is your step daughter?

She’s 22, baby is 7 weeks.

[Crazy Cat 41,858]

9 minutes ago, PRGuy said:

She’s 22, baby is 7 weeks.

never mind.  I answered my own question..LOL

Edited August 25, 2022 by Crazy Cat

[Family 3,988]

Who Petitioned for your Stepdaughter? As @Boiler noted it will confirm what category she is in and if derivatives are allowed. 
Just based on the first response from the Consulate, it may be a category that does allow derivatives…otherwise I would have expected them to tell you adding baby is not possible at all.

 

[PRGuy 3]

2 hours ago, Family said:

Who Petitioned for your Stepdaughter? As @Boiler noted it will confirm what category she is in and if derivatives are allowed. 
Just based on the first response from the Consulate, it may be a category that does allow derivatives…otherwise I would have expected them to tell you adding baby is not possible at all.

 

My wife, who is a green card holder waiting on removal of conditions.

[Family 3,988]

6 minutes ago, PRGuy said:

2 hours ago, Family said:

Who Petitioned for your Stepdaughter? As @Boiler noted it will confirm what category she is in and if derivatives are allowed. 
Just based on the first response from the Consulate, it may be a category that does allow derivatives…otherwise I would have expected them to tell you adding baby is not possible at all.

 

My wife, who is a green card holder waiting on removal of conditions.

In that case baby can be added , especially as the interview is only scheduled and visa has not yet been issued. ..even if it involves rescheduling interview.

You should not give up , call /email the embassy again and reach out to your congressman for help. ..


 

[Family 3,988]

Stress the urgency and need to add newborn NOW lol n time for the scheduled interview , so that your stepdaughter does not lose CSPA protection 

[PRGuy 3]

3 hours ago, Family said:

In that case baby can be added , especially as the interview is only scheduled and visa has not yet been issued. ..even if it involves rescheduling interview.

You should not give up , call /email the embassy again and reach out to your congressman for help. ..


 

That’s exactly our case! I will be calling the embassy again tomorrow morning, and try to talk to someone with a higher rank if possible. 
I will keep you posted.

[PRGuy 3]

3 hours ago, Family said:

In that case baby can be added , especially as the interview is only scheduled and visa has not yet been issued. ..even if it involves rescheduling interview.

You should not give up , call /email the embassy again and reach out to your congressman for help. ..


 

That’s exactly our case! I will be calling the embassy again tomorrow morning, and try to talk to someone with a higher rank if possible. 
I will keep you posted.

Thanks everyone!

I will be in touch with the embassy, and I will let you know about the outcome.

PRGuy

[PRGuy 3]

9 hours ago, Boiler said:

How do we know what category she is in?

Baby’s status is “accompany”

[Family 3,988]

27 minutes ago, PRGuy said:

That’s exactly our case! I will be calling the embassy again tomorrow morning, and try to talk to someone with a higher rank if possible. 
I will keep you posted.

You should email the consulate  as it creates a record and list the past contact attempts you have made to deal with this urgent matter…phone battles not always successful. 

Google your Congressman’s office now , most have online Case Authorization Forms  ( complete sign and email it asap) and you can email them in asking they help with the Consulate..they will do a Congressional Liason Inquiry and usually get you some help as the Consulate WILL respond to them .

[SalishSea 17,829]

5 hours ago, Family said:

Stress the urgency and need to add newborn NOW lol n time for the scheduled interview , so that your stepdaughter does not lose CSPA protection 

Why would there be CSPA protection?  The petitioner is a conditional GC holder, removing conditions based on marriage to a USC.

 

Doesn't CSPA only come into play for numerically limited visas?