Need advice on derivative applicant while I485 pending

kkc15

Registered Users (C)
My I-485 (ROW) is pending at TSC outside the processing timeframe. And I recently give birth to a child outside of the US with the intention to apply H4 for her entry to the US.
Like many others, my case is stuck at security check over 365days. According to USCIS memo, it plans to adjudicate all cases with 365days pending by nov 2008. If this is truly the case, is it advisable to add my baby to my current application? would this interfere with my current application? i.e. prolong the waiting time?
or should I wait until i got my GC approved then apply GC for my child?
 
There is no such thing as "adding" a derivative to an existing application. Your application is your own and it is already filed and pending. Once your child is in the US, she is may be eligible to file her own I-485 application as a derivative of you if visa numbers are available. Once she has her own I-485 filed, it will be processed according to its receipt date. Also, if you wait until your GC is approved, the process of applying I-485 for her may take a lot longer than if you apply for her now, since she would then have to apply as a minor child of a permanent residence and that (check USCIS family-based processing times) could take a lot longer. In fact, if you see the latest Visa Bulletin, children of permanent residents are retrogressed to 2003!! I do not know enough about family-based petitions to know if there is a special situation for infants born abroad of I-485 applicants.
 
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