Unmarried son or daughter over 21 applications (by Permanent residences) from June 2003 are currently being processed. Applications received by US Citizens are being processed from January 2005. We applied for my daughters green card in May of 2006 (as permanent residences), but as of February, we are now eligible for Citizenship. Is there anyway to get in on the faster processing times for Citizens without completely re-applying for my daughters green card once we become citizens? Is there any chance her file would update automatically once we became citizens (wishful thinking of course!)
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Re-applying for unmarried son or daughter over 21's green card after becoming citizen?
- Thread starter david411
- Start date
Unmarried son or daughter over 21 applications (by Permanent residences) from June 2003 are currently being processed. Applications received by US Citizens are being processed from January 2005. We applied for my daughters green card in May of 2006 (as permanent residences), but as of February, we are now eligible for Citizenship. Is there anyway to get in on the faster processing times for Citizens without completely re-applying for my daughters green card once we become citizens? Is there any chance her file would update automatically once we became citizens (wishful thinking of course!)
Be careful!!!!!!. If you are currently sponsoring your children's GC when you are PRs as sponsor, you automatically
terminate yoru children's eligibility for GC if you become citizens. JackoLantern once posted such a problem on behalf of another person. I may be wrong in geeting specifics of your situationbut be careful and consult with law thoroughly before you apply for citizenship
Jackolantern
Registered Users (C)
There were a couple of cases like that, but it involved the children being processed for derivative green cards, and the parents naturalized before the derivative GC for the children got approved. This case looks like a Family-based 2nd preference case for which the parent filed an I-130 for over-21 children as the primary beneficiaries, so that scenario doesn't apply.Be careful!!!!!!. If you are currently sponsoring your children's GC when you are PRs as sponsor, you automatically
terminate yoru children's eligibility for GC if you become citizens. JackoLantern once posted such a problem on behalf of another person.
There were a couple of cases like that, but it involved the children being processed for derivative green cards, and the parents naturalized before the derivative GC for the children got approved. This case looks like a Family-based 2nd preference case for which the parent filed an I-130 for over-21 children as the primary beneficiaries, so that scenario doesn't apply.
Still if they may require the petitioner to have the same immigration status at teh time of approval as that at the time
of filing. If that is the case, USCIS may deny the current the case and allo wyou to file under a different category.
If this new category take long time, then teh OP is better off not applying for citizenship for this purpose. But who knows?
That is why the OP need to straighenthinsg out before making a decision.
So we have the following category:
(1) PRs sponsor unmarriaged chidlren above 21 year sold - FB2
(2) citizens sponsor unmarriaged chidlren above 21 year sold - FB1
(3) citizens sponsorr marriaged chidlren at any age - FB3
Still if they may require the petitioner to have the same immigration status at teh time of approval as that at the time
of filing. If that is the case, USCIS may deny the current the case and allo wyou to file under a different category.
If this new category take long time, then teh OP is better off not applying for citizenship for this purpose. But who knows?
That is why the OP need to straighenthinsg out before making a decision.
So we have the following category that are open to the OP in case of anything happens or nothing happens:
(1) PRs sponsor unmarriaged chidlren above 21 year sold - FB2
(2) citizens sponsor unmarriaged chidlren above 21 year sold - FB1
(3) citizens sponsorr marriaged chidlren at any age - FB3
They are all subject to quota and FB1 is better but filing date will be later. So the OP has teh following
scanarios
(1) Do not apply for citizenhip and stay with current petition for kids
(2) apply for citizenhip and USCSI allow him/her to stay with current petition for kids
(3) apply for citizenhip and USCSI does allow him/her to stay with current petition for kids so he/she need to
file a new pettion with a new priority date but perhaps a bigger quota.
This assume kids do not get married
Jackolantern
Registered Users (C)
No. Their policy is to upgrade the F2B petition to FB1 if the petitioner becomes a citizen.Still if they may require the petitioner to have the same immigration status at teh time of approval as that at the time
of filing. If that is the case, USCIS may deny the current the case and allo wyou to file under a different category.
F2A will get upgraded to Immediate Relative.
No. Their policy is to upgrade the F2B petition to FB1 if the petitioner becomes a citizen.
F2A will get upgraded to Immediate Relative.
Then that, if confrimed, answerred the OP's question. If F2B i supdated to FB1, is new priority date as the same as old one or the
updating date becoem a new priority date? If old priority date is captured, then of course teh OP is better off applying for citizenship, otherwise it is a an issue of race bwteeen early start on a slow track vs later start on a fast track
Jackolantern
Registered Users (C)
The original priority date is retained.
The original priority date is retained.
Then it settled everything and this thread should be closed.
The OP should just go ahead to apply for citizenship. Th eonly thing he/she need between
is to confirm this conclusion with a lawyer for sure.