I-140 US born dependant not included?

R

ryne

Registered Users (C)
Hello,

We just got a copy of I-140 petition filed last week. On the dependent list, it lists my wife, my 1st child, but missed my 2nd child who was born in US 2 months ago before the I-140 file date. Is this a big problem and how do we fix it?

I checked with my company lawyer, the answer is that we 'probably' only need to include all non-US dependents on I-485 file, so it's not a big problem. Can anyone help to confirm this? Thanks!

-Ryne.
 
US born children are US citizens :D. No I-485 needed. Unless of course you don't want the kid to be US citizen, but I personally don't know how you give up citizenship to become permanent resident. You need to consult lawyer for that.
 
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From what I heard the permanent residence aliens or GC holders can never be drafted so that's more than compelling reason to make and stay one as Permanent residences till 36-38 years of age.
 
ryne said:
Hello,

We just got a copy of I-140 petition filed last week. On the dependent list, it lists my wife, my 1st child, but missed my 2nd child who was born in US 2 months ago before the I-140 file date. Is this a big problem and how do we fix it?

I checked with my company lawyer, the answer is that we 'probably' only need to include all non-US dependents on I-485 file, so it's not a big problem. Can anyone help to confirm this? Thanks!

-Ryne.
Click to expand...

Dont worry. your lawyer did the right thing. I also have a son who was born here in the US and my lawyer said that we do not need to include his name in the I40 application as dependent as he is already a "Yankee Doodle Doo".:)
 
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