Dear Mrs Walker-Huntington,

My mother filed for me in April 2007. She resides in New York. I am 33 years old and I am pregnant with my first child. I have done my visa application and submitted my police record already. What I would like to know is, will my child be able to accompany me to the United States (US), when my filing comes through, by obtaining a visa? Or is it best to cancel the filing and get visiting visas for me and my child?

My mom is not willing to add my child to my papers, and I won't leave my child behind. I await your response. Thanks.

- S

Dear S,

I am not sure why your mother would be unwilling to add your newborn to your filing. Your child is entitled to derivative status in this situation. All that would be required is that once the baby is born, you would obtain the birth certificate and passport and notify the National Visa Center (NVC) of the baby's existence. The NVC would send an invoice for the baby's visa fee and after paying the fee, you would then complete a visa application for the baby. The Affidavit of Support would have to be redone to add the baby to the number of intending immigrants.

Maybe your mother's income is unable to support another immigrant and that's why she doesn't want to add the child. If that is the issue, you can find a joint sponsor to cover the baby with that person's income.

If your mother is a US citizen, you would be in the F1 visa category if you are unmarried and in the F3 category if you are married. If your mother is a Green Card holder, you would be in the F2B category. The processing times in March 2013 are as follows:

• F1 - Feb 15, 2006
• F3 - Jul 15, 2002
• F2B - Mar 01, 2005

When your child is born, be sure to update your DS230 form indicating that the baby would be travelling to join you at a later date. Once you are in the US and settle into your own space, you can have your baby 'follow to join' you within one year. The decision to cancel the filing is entirely up to you, but you are close to being interviewed for the Green Card. The separation from your child can be minimal and will depend in part on your financial ability to be independent once you are in the US. You can also return to Jamaica shortly after arriving in the US to make your Green Card entry to be with your baby while the 'follow to join' is processed. You also have the option of doing a Re-Entry Permit that would allow you to remain in Jamaica for up to two years while you sort yourself out.

You should consult with an immigration lawyer who can explore in depth all the options that are available to you in your situation.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and personal injury law in Florida. She is a mediator, arbitrator, and special magistrate in Broward County, Florida. info@walkerhuntington.com