How do we add a baby to our filed I-526?

Assuming you have not yet started the immigrant visa process, it may be possible to add the child at the consulate processing stage. It is best to have a formal consultation with a law firm to analyze your specific situation to ensure that your family will stay intact.

There is no provision to add a family member on Form I-526, nor is there even a section to add a family member on the current version of Form I-526. Usually, family member information is submitted at the National Visa Center stage for immigrant visa processing or at the adjustment of status stage if the applicant is in the United States in valid nonimmigrant status.

It is unnecessary to add a baby in conjunction with your investor petition on Form I-526. It is only when you actually apply for your immigrant visa abroad once your I-526 petition is approved and visa numbers are available or, if in the United States, for adjustment of status, would you include your family members.

You could interfile the information, but it is easier to simply notify the NVC after the case is approved.

Currently, the I-526 form does not have a section to list your family members. When the I-526 is approved and your case gets transferred to NVC, your attorney will be able to add all the family members, including the new baby.

You do not need to do anything until your I-526 is approved. After the approval you will add the baby along with all the other family members during the consular processing or at the adjustment of status.

You really do not have to. When the EB-5 is approved, you can add the child at the next step (either adjustment of status or consular processing).

Send a letter with the I-526 receipt and the copy of the baby's birth certificate or wait until the I-526 is approved and notify the NVC of the new family member with the birth certificate.