Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I filed an I-130 petition for my wife, who is in India. When I filed the I-130, I was a permanent resident. Now I am a citizen. What is the process for having USCIS process my I-130 as the wife of a US citizen?
THE IMMIGRATION ANSWER MAN – ARI SAUER: When an I-130 is filed under the F-2A preference category, as the spouse of US permanent resident, and the petitioner later is naturalized and becomes a US citizen, the I-130 petition automatically moves to the Immediate Relative category. However, the USCIS office that approved the application for naturalization will not notify the USCIS office that is processing (or that approved) the I-130 petition, so the petitioner must notify USCIS that they are now a US citizen. You do this by sending a copy of the Naturalization Certificate, along with a copy of the I-130 Receipt Notice (or the I-130 Approval Notice, if it has already been approved) to the USCIS Service Center that is processing the I-130, along with a letter asking them to update the I-130 petition now that the petitioner is a US citizen. The address to use to send the notice is the address listed at the bottom of the I-130 Receipt Notice or the I-130 Approval Notice, although if you have received a Notice of Transfer informing you that the I-130 has been transferred to another USCIS office, then you would use the address listed at the bottom of the Notice of Transfer. However, if you are working with an immigration attorney for the I-130 petition, you should let your attorney know of your new US citizen status and follow their instructions.
Published 9/17/18 by attorney Ari Sauer.
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