Upgrading I-130 Question (Unmarried under 21 son)

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Guzo44

Registered Users (C)
Hi all,

I have a questions regarding upgrading an I 130.

My mother in law filed a I130 for her kids while she was a GC holder. Their petition was approved, their priority date is August 2006 I believe or some other month in 2006.

Her youngest son is still not legal. She has her interview on May 26th and he turns 21 on May 29th.

I was thinking of refiling the I 130 as a new one after she becomes a citizen and overnighting it the same day she gets her certificate. I called USCIS and they advised me to upgrade the I130 case by faxing them information on his case and her new naturalization certificate.

If we upgrade the case after she becomes a USC, will he be placed in the immediate relative category and not have to wait for a visa #?

What are the next steps after upgrading the I 130 case? How long would it take for him to get the EAD and green card?

All advice is greatly appreciated.

Thanks
 
Your post is a little vague but here goes...

Upon naturalization, simple notify USCIS or NVC (depending on the actual location of the I-130).

Now, is the son in the U.S.? Did he enter legally (even if he has overstayed at this point)? Was the I-130 approved? Will the son be filing for adjustment (I-485) with USCIS)?

When you say "her interview"...You are talking about the N-400 interview, right? Does she have any "issues" that will slow or prevent naturalization? Is administrative same-day naturalization allowed in that particular office? Find out.
 
Guzo44 said:
Her youngest son is still not legal. She has her interview on May 26th and he turns 21 on May 29th.
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Does "not legal" mean "inside the US illegally"? Did he enter legally (and with a visa or Canadian passport, not the visa waiver)?

Do they offer same-day oath at the USCIS office where your mother in law will interview? She doesn't become a citizen until the oath, so she'll need same-day oath or next-day oath to become a citizen before he turns 21.

Make sure she brings all possible documents that may be requested, because the slightest delay would make her unable to naturalize before her son's 21st birthday. She should also mention the impending birthday to the interviewer.

I was thinking of refiling the I 130 as a new one after she becomes a citizen and overnighting it the same day she gets her certificate. I called USCIS and they advised me to upgrade the I130 case by faxing them information on his case and her new naturalization certificate.
Click to expand...
That isn't necessary, and may be futile because it might not reach in time. May 27th is a Friday; an overnight mail sent Thursday evening may be too late to reach by Friday, and Monday will be after his 21st.

Stick to the original I-130 that was filed years ago, and rely on the CSPA which freezes the child's age as of the parent's naturalization date if the I-130 was pending on the date of naturalization and the child was under 21 at the time.
 
Guys, Thanks for the replies, my answers are below, once again thanks for the help.

Now, is the son in the U.S.? YES
Did he enter legally (even if he has overstayed at this point)? YES, overstayed
Was the I-130 approved? YES
Will the son be filing for adjustment (I-485) with USCIS)? YES

When you say "her interview"...You are talking about the N-400 interview, right? YES
Does she have any "issues" that will slow or prevent naturalization? NO
Is administrative same-day naturalization allowed in that particular office? They process and do the oath same day.
 
Guzo44 said:
Guys, Thanks for the replies, my answers are below, once again thanks for the help.

Now, is the son in the U.S.? YES
Did he enter legally (even if he has overstayed at this point)? YES, overstayed
Was the I-130 approved? YES
Will the son be filing for adjustment (I-485) with USCIS)? YES

When you say "her interview"...You are talking about the N-400 interview, right? YES
Does she have any "issues" that will slow or prevent naturalization? NO
Is administrative same-day naturalization allowed in that particular office? They process and do the oath same day.
Click to expand...

Good. Then if she gets a same-day oath or next-day oath, according to the CSPA her son will remain an Immediate Relative even after he turns 21. He should start making the appointments now for the I-693 medical, so it can be ready to send with his I-485 soon after his mother's naturalization.

Note that the "issues" that may slow or prevent naturalization aren't just criminal records; extensive travel or failing the English or Civics test could also cause delay or denial. Name change is another source of delay. If she requested a name change on the N-400 she should withdraw the name change request at the interview. After naturalization she can handle the name change through the local court system.
 
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TheRealCanadian said:
Barring a miracle, it looks like the son will go from IR to FB1 in three days.
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Once an IR, he'll remain an IR after turning 21 as per the CSPA (as long as the I-485 or immigrant visa is sought within a year). Same-day oath or next-day oath isn't a miracle if it's routinely offered at the office where she will interview.

http://www.uscis.gov/portal/site/us...nnel=1f0c0a5659083210VgnVCM100000082ca60aRCRD
If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.
Click to expand...
 
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