My father became a US citizen. Can I keep my I-130 category from changing from F2B to F1 ?
QUESTION: In 2009 my father filed an I-130 for me which was approved. I am unmarried and over the age of 21, so I was in the F2B category. However, my father recently obtained his US citizenship. My understanding is that my father’s naturalization changes my case category from F2B to F1. However, the waiting time for F1 is longer compare to F2B. Is there any way to keep my case category changing from F1 to F2b? Thank you!
THE IMMIGRATION ANSWER MAN – ARI SAUER: Yes, there is a way under the Child Status Protection Act (CSPA). I am assuming that you were born in the Philippines, as currently the F1 category is only behind the F2B category for those who are chargeable to the Philippines. For those born in the Philippines (or who are otherwise chargeable to the Philippines) who wish to opt out of being in the F1 category, and remain in the F2B category, the current process for “opting out” is to send in a written request to the USCIS Field Office Director in Manila. http://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-manila-field-office.
But you may want to consider waiting until you are closer to having a visa available for your petition’s priority date under the DOS Visa Bulletin, as it is possible that the situation may change in the future and the F1 category might become more desirable.
If you would like to schedule a consultation appointment with me to discuss your options, you can call my office at 901-507-4270 and my paralegal will assist you in scheduling an appointment. I am available to do consultations by phone or video, or in person at my office.
By Ari Sauer.
* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. Additional information about attorney Ari Sauer is available at http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything posted here, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the information provided here may not apply to your situation. Readers are cautioned to schedule a consultation with an experienced immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. The opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.