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shakil hossain

f2b unchanged after naturalization

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Filed: FB-2 Visa Country: Bangladesh
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my mother is green card holder.  she applied for me 26 June 2012 under f2b category country bangladesh ,  my question  is if she now applied for her citizenship and after she naturalized my category change to f1.  is it possible to do not change my F2b category after my mother naturalization.??  i don't want to change my F2b category after her naturalization.  kindly advice my , thanks

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Filed: FB-2 Visa Country: Bangladesh
Timeline

i think f2b is stable then f1 .  some times f1 retro . i just want to know if my mother naturalized  then i still hold f2b category or not... 

 

what if my catagory chage from f2b to f1, .. is my pd will change ?? any expert reply pls..

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6 hours ago, shakil hossain said:

i think f2b is stable then f1 .  some times f1 retro . i just want to know if my mother naturalized  then i still hold f2b category or not... 

 

what if my catagory chage from f2b to f1, .. is my pd will change ?? any expert reply pls..

Your category will be changed automatically.

pd date will stay the same.

F1 is faster.

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Filed: AOS (apr) Country: Philippines
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5 hours ago, MiraW said:

Your category will be changed automatically.

pd date will stay the same.

F1 is faster.

If you filed a petition for your unmarried adult children (age 21 or older) when you were an LPR, NVC will change the visa category from family second preference (F2B) to family first preference (F1). However, under a federal law called the Child Status Protection Act (CSPA), visa applicants can “opt out” of conversion to the F1 visa category and remain as an F2B visa applicant. This may be beneficial because sometimes the waiting time for an F2B visa is shorter than the waiting time for an F1 visa. When you naturalize and become a U.S. citizen, you should check the Visa Bulletin to see if it would be helpful for your adult unmarried child to remain in the F2B category. (Applicants keep the priority date of their F2B petition even if it converts to the F1 visa category.) Applicants who want to opt-out of the F1 category must submit a request using these guidelines:

YMMV

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4 minutes ago, payxibka said:

If you filed a petition for your unmarried adult children (age 21 or older) when you were an LPR, NVC will change the visa category from family second preference (F2B) to family first preference (F1). However, under a federal law called the Child Status Protection Act (CSPA), visa applicants can “opt out” of conversion to the F1 visa category and remain as an F2B visa applicant. This may be beneficial because sometimes the waiting time for an F2B visa is shorter than the waiting time for an F1 visa. When you naturalize and become a U.S. citizen, you should check the Visa Bulletin to see if it would be helpful for your adult unmarried child to remain in the F2B category. (Applicants keep the priority date of their F2B petition even if it converts to the F1 visa category.) Applicants who want to opt-out of the F1 category must submit a request using these guidelines:

Thank you for your clarification. My friend went through the process as well, but her lawyer told her it was automatic so I assumed it couldn't be opt put of. But at that time, F1 was still a few months ahead.

When is the window for submitting such request? Before the petitioner naturalizes (between N-400 application and oath?)?

Edited by MiraW
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Filed: AOS (apr) Country: Philippines
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1 minute ago, MiraW said:

Thank you for your clarification. My friend went through the process as well, but her lawyer told her it was automatic so I assumed it couldn't be opt put of. 

When is the window for submitting such request? Before the petitioner naturalizes (between N-400 application and oath?)?

Opt out can only occur after the LPR is a citizen because until the naturalization, it will not be eligible for conversion.  So after oath.

 

Applicants whose case is at NVC should submit requests using NVC’s online inquiry form. NVC will forward the request to USCIS and change the visa category back to F2B upon receipt of USCIS’s approval.
 

Applicants whose case is at a U.S. Embassy or Consulate overseas should ask the embassy to submit a request on their behalf. The consular officer will forward the request and adjudicate the visa application in the F2B category only upon receipt of USCIS’s approval.

YMMV

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