Immigration Corner | I am pregnant, is my visa void? | News

Dear Mrs Walker Huntington,

I am being filed for by my father since I was about 20 years old; however, I turned 22 this month. I am now six months pregnant and my father advised me that the filing can come through at any moment now, but since I am pregnant, it will become void. Is this true, seeing that I have not done the medical or an interview as yet? I look forward to your response. Thank you.


Dear MS,

If your father is a citizen of the United States and you were petitioned for before you were 21 years old, even if you are now over 21 you will retain your child status. You would continue to have immediate relative status and your petition should be completed at this time, and you might be waiting on your appointment. All this is if you are single. If you are married, the category of visa eligibility will change and will prolong your wait by many years.

If your father is a green card holder and you become 21 years old while the petition is pending, you will change category to an adult daughter of a green card holder and also prolong your wait for the visa by many years.

Being pregnant does not void your petition – whether or not you had already done your medical exam. What it might do is delay your visa. When your interview is scheduled, and you go in for your medical, immediately advise the doctor/nurse that you are pregnant, if you are not showing. Depending on how far along the pregnancy is, they may not be able to administer some of the tests that are required. You should still attend your scheduled interview at the embassy and advise of your condition and the medical decisions.

If you are unable to do all the medical tests prior to the interview and you have the baby in Jamaica, you and your father will need to add the baby to the filing and pay the necessary fees, etc, to have the baby accompany you to America.

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