Upgrading visa [merged threads]

[Leyla100 1]

Hi guys I need your help

my mother filled the visa when she green card holder I got approved and did my interview all happen while I was under 21 but now  she got her citizenship and iam over 21 can she still upgrade my visa ??

Edited September 30, 2021 by TBoneTX

[payxibka 10,044]

3 minutes ago, Leyla100 said:

Hi guys I need your help

my mother filled the visa when she green card holder I got approved and did my interview all happen while I was under 21 but now  she got her citizenship and iam over 21 can she still upgrade my visa ??

You have already interviewed.   Nothing will change 

[Leyla100 1]

11 hours ago, payxibka said:

You have already interviewed.   Nothing will change 

Thanks so it means I can upgrade it right ??

[payxibka 10,044]

9 minutes ago, Leyla100 said:

Thanks so it means I can upgrade it right ??

An upgrade typically means one thing, quicker to interview,  you are already past that

[Leyla100 1]

20 hours ago, payxibka said:

An upgrade typically means one thing, quicker to interview,  you are already past that

So age is lock I don’t have to worry about the age ???

[aaron2020 11,651]

Your CSPA age froze in the F2a category according to the CSPA rule for the family preference category. 

You can not upgrade to the IR-2 category and use the CSPA rule for the F2a category.  If you want to move category, then you need to use the CSPA rule for that category. 

You would use the CSPA rule for IR-2 which means where the beneficiary CSPA age freezes when the petitioner becomes a USC, so your CSPA age would be over 21.  If you want that, then you would move to the F1 category.

Sit still and be patience.  You can't avoid the EO ban for the F2a category.  The F2a category is your fastest path to the US even with the EO ban.  

Edited July 14, 2020 by aaron2020

[tonyburgos 1]

I did not know that you could not upgrade to the IR-2 category and use the CSPA rule for the F2a category. Thanks for clarifying that point.

[Leyla100 1]

Hey guys I applied iv for my child who was 16 while I was a green card holder but luckily now IAM a us citizen and he is over 21 will my citizenship help him to be first priority group ???

[HRQX 4,145]

8 minutes ago, Leyla100 said:

Hey guys I applied iv for my child who was 16

Does that mean an I-130 was submitted at that time? If so, what happened to that petition?

 

*** Moved to the Bringing Family Members of US Citizens to America forum ***

[SusieQQQ 11,584]

1 hour ago, Leyla100 said:

Hey guys I applied iv for my child who was 16 while I was a green card holder but luckily now IAM a us citizen and he is over 21

The initial application should have taken about 2 years. What has happened to that?

 

Unfortunately when you become a citizen and the child is over 21,  the age resets to what it is when you naturalize so he would fall under F1 now which takes about 7 years, it is not at all faster. (If he was under 21 it would be faster.) But the bigger question is why the initial petition was not finalized 3 or more years ago.

[HRQX 4,145]

2 hours ago, SusieQQQ said:

What has happened to that?

 

Unfortunately when you become a citizen and the child is over 21,  the age resets to what it is when you naturalize so he would fall under F1 now which takes about 7 years, it is not at all faster. (If he was under 21 it would be faster.)

Depends on if the petitioner resides (and naturalized) or not in either the Second Circuit or Ninth Circuit: https://fam.state.gov/fam/09FAM/09FAM050201.html "However, for a second preference petition filed for a child of a lawful permanent resident (F2A visa classification) where the petitioner naturalizes after filing the petition and resides in a state or territory within the jurisdiction of the Second Circuit or Ninth Circuit -- Alaska, Arizona, California, Connecticut, Hawaii, Idaho, Montana, Nevada, New York, Oregon, Vermont, Washington, Guam, or the Northern Mariana Islands -- at the time of naturalization, calculate the CSPA age by using the date of the petitioner's naturalization as the date a visa became available.  Therefore, the CSPA age is calculated by subtracting the number of days that the petition was pending with USCIS (from date of receipt to date of approval, including any period of administrative review) from the biological age of the applicant on the date that the petitioner naturalized.  You must also use the date of the petitioner's naturalization in determining whether the applicant "sought to acquire" lawful permanent resident status within one year of the date of visa availability (i.e., the date of naturalization).  See 9 FAM 502.1-1(D)(5)(3) below for additional guidance on petition conversion."

• Rodriguez Tovar v. Sessions, No. 14-73376 (9th Cir. February 14, 2018) https://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/14/14-73376.pdf
• Cuthill v. Blinken, No. 19-3138 (2nd Cir. March 9, 2021) https://www.govinfo.gov/content/pkg/USCOURTS-ca2-19-03138/pdf/USCOURTS-ca2-19-03138-0.pdf

Edited September 30, 2021 by HRQX

[SusieQQQ 11,584]

Still need to find out what has happened to the initial petition. Regardless of country of origin, F2A has been current for over 3 years, since July 2019. The child should have got a green card well before Covid hit. If they’ve let that petition lapse they’ll have to file a new one.

[SusieQQQ 11,584]

Sigh. Looks like we only got half a story here. Apparently OP has already interviewed and apparently approved yet somehow hasn’t got a visa yet. 

 

On 7/13/2020 at 5:47 AM, Leyla100 said:

Hi guys I need your help

my mother filled the visa when she green card holder I got approved and did my interview all happen while I was under 21 but now  she got her citizenship and iam over 21 can she still upgrade my visa ??

OP, it makes it very difficult to answer sensibly when you don’t give the full story.

[TBoneTX 43,058]

Background thread and new thread have been merged for context.

[HRQX 4,145]

20 hours ago, SusieQQQ said:

Sigh. Looks like we only got half a story here. Apparently OP has already interviewed and apparently approved yet somehow hasn’t got a visa yet.

Here is more info (from a recent PM from OP) for context:

1 hour ago, Leyla100 said:

hope you are doing well .can you please answer me this question a father filled for his daughter while he was a green card holder and the daughter was 16 at that time now she is over 21 and he is a us citizen and she did everything including the interview and she is under ap . Will hé becoming citizen help her or affect her . Appreciate

 

21 hours ago, HRQX said:

Depends on if the petitioner resides (and naturalized) or not in either the Second Circuit or Ninth Circuit

Also the Petitioner lives in Minnesota which isn't in the above 2 Circuits.