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Parent Petioned Children as a Permanent Resident But Becomes A U.S. Citizen

Because the laws and procedures in obtaining permanent residency for your family members are so complex, I think it may be very helpful to you if I illustrate the process by way of real-life examples.

Disclaimer. The following is intended only to give you a general idea of the topic.  It is NOT intended to be legal advice. Everyone’s goals and situations are unique. Please consult an attorney to determine which method is best for your specific goals.

Sarah recently became a U.S. citizen.  However, before she became a U.S. citizen, when she was still a permanent resident, she filed petitions for her two unmarried children.  Kevin who is presently 26 years old and Susan who is 19 years old.

Attorney Avelino explains to Sarah that when she naturalized (became a U.S. citizen), her F2A petition (spouse or minor child under 21 years of age of a permanent resident) for Susan automatically converted to an Immediate Relative petition.  Since this visa category is not subject to the visa quota system, a visa is now automatically available to her daughter Susan.  With the help of Attorney Avelino, the National Visa Center (NVC) is notified and Susan is scheduled for her Immigrant Visa Interview.

For Kevin, however, Attorney Avelino explains that for F2B applicants (unmarried son/daughter 21 years of age or over of a permanent resident), his F2B petition was automatically converted to the F1 category (adult sons or daughters of U.S. citizens) retaining the original priority date.

Attorney Avelino further explains that because of the unique circumstances for Filipinos, the waiting period for the F1 category is actually longer than the F2B category!

However, under the Child Status Protection Act (CSPA), Kevin can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to USCIS a written statement that he elects to have such conversion revoked.  With the help of Attorney Avelino, Kevin submits the request for exemption of the automatic conversion which would have delayed his case for several more years.

Other Real Life Examples for Family Based Petitions