ammending an i130 from green card sponsorship to us citizen for family based visa?

Question

while my wife had her green card she sponsored her over 21 yrs old son since  she became  a US Citizen   what form does she need to file to expedite the immigration process for her son,its my understanding he will receive some other form of priority since   she is now a citizen   thanks

George L · Accepted Answer

she needs to contact the National Visa Center which should have her petition, assuming it's been processed and approved by USCIS. it isn't going to help nearly as much as you might think. The current cut off date for the current F2b petition category is 15 August 2003, per the current Visa Bulletin. that means that only petitions filed on or before that date are valid for use. The current cut off date for the F1 category, which her son currently belongs in is 1 September 2004, so he only gains a year by changing categories. if he were under 21, this would be a very different story, but he isn't. and for Filipinos, it's actually worse in the F1 category, as the F2b category is now 15 August 2001, but the F1 cut off date is 1 March 1997. you can confirm these by going to http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD. you can find contact information for the NVC at http://travel.state.gov/visa/immigrants/info/info_3177.html

james p · Answer

seems to me that because she became a citizen during the process the first petition will get revoked. A new I 130 will have to be done, The good news is that she is an American now so it will automatically be expedited. The son will not have to wait for a visa number. Direct family members of a citizen gets priority position. You can find this on the USCIS web site

Anonymous · Answer

George said it all so well ..

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ammending an i130 from green card sponsorship to us citizen for family based visa?

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