Immigration Corner | How will this pregnancy affect my filing? | News

Dear Mrs. Walker Huntington,

My husband is a US citizen and is applying for me and my children. I am currently waiting for the day to go to the US Embassy in Jamaica.

I recently found out that I am pregnant. Will this affect my application?



To whom it may concern

Your unborn child has several options for a father who is a U.S. citizen. Children of U.S. citizens born outside the United States are entitled to obtain U.S. citizenship from their parents. However, there are strict requirements governed by the date of birth of the US citizen parent and the amount of time the US citizen parent spent in the United States. The conferment of U.S. citizenship is a privilege and will be thoroughly scrutinized. Applications are made to the U.S. Department of State through the U.S. Embassy in Kingston.

If your unborn baby cannot obtain U.S. citizenship through the father, your husband must file a petition for the baby to immigrate to the United States. Once the baby arrives in the United States and lives with a U.S. citizen father, the child can obtain citizenship through a separate process through the U.S. Citizenship and Immigration Service and apply for a U.S. passport. This may delay leaving Jamaica permanently if the husband has to apply after the birth of the child.

If you are still pregnant at the time of your immigrant visa interview, your visa may be delayed, depending on whether your US immigration doctor in Jamaica allows you to take an x-ray as part of your medical examination. You can give birth and get the necessary x-rays and a full medical check-up.

In your email, you said you already have one child, but “you” are a little worried about waiting for your visa appointment. As a U.S. citizen, I hope your husband has filed a separate petition for your current child. Not the same and your husband should have another petition pending for that child. Unless, of course, your current child has already obtained US citizenship from their father. – If the child was born after your husband became a U.S. citizen and all requirements are met.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney practicing immigration law in the United States. She has experience in Florida family law, criminal law, and international law. She is a diversity and inclusion consultant, mediator, former special magistrate and hearing officer for Broward County, Florida.

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