Jump to content

2 posts in this topic

Recommended Posts

Upgrade an I-130 Petition After Naturalization

upgrade an i-130 petition for spouse or childrenIf you previously filed an I-130 petition for your spouse and/or minor children when you were a permanent resident, you can upgrade the petition if you’ve now become a U.S. citizen. For the spouse and/or children of a lawful permanent resident, the wait for an immigrant visa (green card) can be lengthy. After the filing Form I-130, Petition for Alien Relative, spouse and children of a lawful permanent resident will wait several months to years. In some situations the wait can be very long. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there is no numerical limit.

In many cases, one family member is able to obtain permanent resident status in the United States, but must leave behind a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), he or she may petition those family members to immigrate with Form I-130, Petition for Alien Relative. However, the wait time can take several years. If that permanent resident becomes a U.S. citizen, he or she may upgrade the I-130 petition and speed up the immigration process.

Advantage of Upgrading an I-130 Petition

As a U.S. citizen, your spouse and unmarried children (under age 21) have green cards immediately available to them. That’s because there is no numerical limit of immigrant visas available to immediate relatives of U.S. citizens. So even if you already filed a petition for your relative(s), your status as a U.S. citizen will streamline the green card process.

When a permanent resident petitions a spouse and/or minor children, the wait to get an immigrant visa (green card) may take a few years. That’s because they fall into family preference categories. The spouse and unmarried children under age 21 (including step children) of a U.S. citizen are eligible immediately to get permanent residence. Their visa category will be upgraded from family second preference (F2) to immediate relative (IR).

How to Upgrade an I-130 Petition

When you naturalization as a U.S. citizen and have a pending Form I-130 for a relative, USCIS does not automatically upgrade your priority. You need to actively inform the immigration agencies of the change in immigration status.

It’s not necessary to file a new petition or pay another fee. You can simply write a letter to the appropriate immigration agency. However, if you’ve petitioned a spouse with at least one child together on the same petition, you must file new petitions for the children. Skip below to Child’s I-130 Petition.

If your I-130 petition is pending (not yet approved)…

A pending I-130 petition is still being reviewed at the office where it was submitted. Therefore, you’ll need to look up the address of the service center where you mailed your initial Form I-130. You will need to send proof of your U.S. citizenship. Submit the following documents:

  • Proof of U.S. citizenship
    Examples of acceptable documents include a copy of the biodata page of your U.S. passport or a copy of your certificate of naturalization.
  • Proof of a pending I-130 petition
    Submit a copy of the Form I-797C, Notice of Action (receipt letter) that was mailed to you by USCIS that indicates your I-130 petition was accepted.

Mail the evidence with a cover letter to the same USCIS service center that you mailed your I-130 petition.

If you have additional questions that require support, contact USCIS at (800) 375-5283.

If your I-130 petition has already been approved…

An approved I-130 petition is forwarded to the National Visa Center (NVC). You’ll need to direct your upgrade request to the NVC. You can do this by sending proof of your U.S. citizenship to the (NVC). Submit the following documents:

  • Proof of U.S. citizenship
    Examples of acceptable documents include a copy of the biodata page of your U.S. passport or a copy of your certificate of naturalization.
  • Proof of an approved I-130 petition
    Submit a copy of the Form I-797, Notice of Action that was mailed to you by USCIS that indicates your I-130 petition was approved.

Mail the evidence with a cover letter to:

National Visa Center
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915

If you have additional questions that require support, contact the NVC at (603) 334-0700.

Sample Letter to Upgrade an I-130 Petition

sample cover letter to upgrade an i-130 petition

It’s important to include a cover letter when mailing items to USCIS to upgrade an I-130 petition. The letter can be simple, but it needs to state clearly that you want to upgrade an I-130 petition and a summary of the evidence that’s enclosed. Download a sample Cover Letter to Upgrade an I-130 Petition.

It’s essential that you include the following pieces of information in your letter:

  • Case Number: Your case number (also called receipt number) is located within the I-797C Notice of Action that you received after filing the I-130 petition.
  • Name of Petitioner: You (the person who filed Form I-130) are the petitioner.
  • Name of Beneficiary: Your relative (the person whom you are petitioning) is the beneficiary.

When you mail the letter, don’t forget to include the evidence (naturalization certificate or Notice of Action) as explained in the previous section.

What Happens Next

After you upgrade an I-130 petition, your case will move much more quickly. As mentioned previously, there is an unlimited number of visas available for the immediate relatives of U.S. citizens. If your spouse and/or children are currently outside the United States awaiting immigration, the National Visa Center will inform the U.S. Embassy offices within your family’s country. Your family can proceed immediately to being interviewed for their immigrant visas.

If your family is already in the United States (and eligible to apply for a green card through adjustment of status), they can file individual Form I-485 applications immediately. In this scenario, the case could be upgraded by filing Form I-485, Application to Adjust Status, with a cover letter, a copy of your naturalization certificate and proof of filing or approval of the I-130 petition.

Child’s I-130 Petition

If you upgrade an I-130 petition for your spouse, and you did not file separate petitions for your minor children when you were a permanent resident, you must do so now. That’s because a child cannot be a derivative on an immediate relative (IR) petition. The child must have his/her own I-130 petition. This is in contrast to the family second preference (F2) petition, which includes minor children as “derivatives” of the parent. This may be a little confusing. What’s important is that each immediate relative has an I-130 petition filed on his/her behalf.

upgrading a child's i-130 petition

Your spouse is covered in the initial I-130 petition that was filed. You do not need to file a new petition for your spouse. However, you must file separate visa petitions for each child, as long as they continue to be unmarried, under age 21 and are your natural children or legal stepchildren. This will delay your case slightly, but the approval process will be quick (a few months) given that they are immediate relatives. Your spouse and children will be able to immigrate together.

What if you have a child born abroad after you become a U.S. citizen? Your child may be a U.S. citizen at birth. You may apply for a U.S. passport on behalf of your child. The consular officer will determine whether your child is a U.S. citizen and can be granted a U.S. passport. If the officer determines your child is not a U.S. citizen, you will need to file another I-130 petition.

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.