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Can child above 21 years old upgrade from F2A to IR2 because the mother just got a citizenship

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COMMENTS WOULD GO A VERY LONG WAY! THANKS. 

 

Firstly, sorry for the long writeup, I will appreciate if anyone can go through it and please help me with an answer. My visa category is F2A (a child under 21 of a LPR) and I am waiting to get my interview letter, but the waiting is really frustrating, my mum petitioned for me as a child of a LPR and now she is qualified to put in for citizenship but I am scared that if she requests for citizenship they might change my case to FB1 (unmarried child of a USA citizen) because I am above 21 years now and it might take more years for me to get my IL, I am 23 years though and I am still covered with CSPA, but I don't know if she gets her citizenship, would they upgrade my case to IR2 from F2A or are they going to upgrade my case to FB1 because I am above 21 years old now. IR2 is the only category getting IL for now. I have been DQ'd since 2020. Please help me, I am confused and don't know what to do at the moment. Your comments would be very much appreciated! I will be reading your comments, PLEASE DON'T FADE MY POST! 🙏🏽🙏🏽🙏🏽🙏🏽🙏🏽😥😥😥😥😥😥

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Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
56 minutes ago, Seye said:

now she is qualified to put in for citizenship

Do you mean she has not filed for naturalization yet though she is eligible? But your title says she just got the citizenship? Is she a USC or not at present?

 

If she is a USC now or naturalizes before you immigrate, your category will automatically convert to F1 since you will be over 21 (real age) when she acquires citizenship. Only if she had naturalized before you turned 21, you would be put under IR2.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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6 minutes ago, arken said:

Do you mean she has not filed for naturalization yet though she is eligible? But your title says she just got the citizenship? Is she a USC or not at present?

 

If she is a USC now or naturalizes before you immigrate, your category will automatically convert to F1 since you will be over 21 (real age) when she acquires citizenship. Only if she had naturalized before you turned 21, you would be put under IR2.

She is eligible for naturalization now, but she filed for me as a LPR before she became eligible, so we don't know if my case would change from F2A to IR2 or from F2A to F1 due to my age because I am above 21 years now, or we can just wait till I get my IL letter before she will naturalize. 

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Posted (edited)
8 minutes ago, Seye said:

She is eligible for naturalization now, but she filed for me as a LPR before she became eligible, so we don't know if my case would change from F2A to IR2 or from F2A to F1 due to my age because I am above 21 years now, or we can just wait till I get my IL letter before she will naturalize. 

like @arken said If she is a USC now or naturalizes before you immigrate, your category will automatically convert to F1 since you will be over 21 (real age) when she acquires citizenship. if she didnt apply for citizenship, ur status wont change. forget about IR2, the ship has sailed

Edited by Misscloud

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Posted (edited)

What country are you in? Trying to see the Visa  Bulletin to see if current. 
You state you’re 23 but F-2A because of CSPA coverage…..but not clear how that comes to play if Visa is not current. 

Edited by Family

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4 minutes ago, Family said:

What country are you in? Trying to see the Visa  Bulletin.

I am in Nigeria sir 

14 minutes ago, Misscloud said:

like @arken said If she is a USC now or naturalizes before you immigrate, your category will automatically convert to F1 since you will be over 21 (real age) when she acquires citizenship. if she didnt apply for citizenship, ur status wont change. forget about IR2, the ship has sailed

Alright, appreciated.. Would just keep waiting for my IL. 

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Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)
27 minutes ago, Seye said:

or we can just wait till I get my IL letter before she will naturalize. 

Note that filing for naturalization is different than getting naturalized. While she can file for naturalization without affecting you case, she should naturalize only after you immigrate (not after you get the IL, not after you get the visa but only after you land in the US on that visa)

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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1 minute ago, arken said:

Note that filing for naturalization is different than getting naturalized. While she can file for naturalization without affecting you case, she should naturalize only after you immigrate (not after you get the IL, not after you get the visa but after you land in the US)

Alright, thanks a lot.. I appreciate your response! God bless 

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Some please help, my brain misfiring or on strike …on CSPA protection. Please step in.


OP are you already DQ , done w NVC? Was a request to expedite sent to NVC and to embassy, pointing out danger of aging out / CSPA issue? 
 

 

 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html

 

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIA MEXICO PHILIPPINES 
F1 01DEC14 01DEC14 01DEC14 15MAR00 01MAR12
F2A C C C 22APR19 C
F2B 22SEP15 22SEP15 22SEP15 01APR01 22OCT11
F3 22NOV08 22NOV08 22NOV08 15OCT97 08JUN02
F4 22MAR07 22MAR07 15SEP05 01JUN00 22AUG02

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This depends where your parent lives. Most places it is as described above, but the 9th circuit (logically) saw the law as perverse and held that CSPA should continue to apply. Should your parent live in that jurisdiction I would suggest a quick lawyer consult before they naturalize, if that happens before you get your visa, to verify this still holds.

 

For petitioners who live within the jurisdiction of the 9th Circuit Court of Appeals—which includes the West Coast of the U.S., as well as Idaho, Colorado, Nevada, Alaska, and Montana—there is good news. The Court addressed this problem in 2018, in a case called Tovar v. Sessions. It found that the government was incorrectly interpreting the law. So, in that jurisdiction, F2A category applications now automatically convert into petitions for an immediate relative of a U.S. citizen even if the child turned 21 before the petitioner became a citizen.

https://www.nolo.com/legal-encyclopedia/how-naturalization-affects-your-child-s-application-for-a-u-s-green-card.html

 

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Posted (edited)
15 minutes ago, Family said:


Some please help, my brain misfiring or on strike …on CSPA protection. Please step in.


OP are you already DQ , done w NVC? Was a request to expedite sent to NVC and to embassy, pointing out danger of aging out / CSPA issue? 
 

 

 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html

 

Family-
Sponsored 
All Chargeability 
Areas Except
Those Listed
CHINA-mainland 
born
INDIA MEXICO PHILIPPINES 
F1 01DEC14 01DEC14 01DEC14 15MAR00 01MAR12
F2A C C C 22APR19 C
F2B 22SEP15 22SEP15 22SEP15 01APR01 22OCT11
F3 22NOV08 22NOV08 22NOV08 15OCT97 08JUN02
F4 22MAR07 22MAR07 15SEP05 01JUN00 22AUG02

Most F2A cases yet to be adjudicated are protected under CSPA because the category has been current for around 2.5 years-ish (I don’t have time to check exact date now. It might be longer). very few have been in the system since before it went current. OP already noted they have been DQ’d since 2020 so will be protected.

 


 

Edited by SusieQQQ

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Posted (edited)
20 minutes ago, Family said:

But OP s F-2 A status.. CSPA won’t protect against insane IV interview backlogs and since visa is current and OP 23 ..what am i not seeing here?

You’re (apparently) not seeing the fact that CSPA age is frozen when a visa number becomes available as long as the ds260 is submitted within a year of that happening. So the fact that F2A has been current helped, not hurt,, the case because it meant earlier visa availability, and OP is DQ so seems to have met the “sought to acquire” requirement by filling in DS260.

 

(in fact,CSPA precisely protects against insane interview backlogs)

 

 

Edited by SusieQQQ

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38 minutes ago, SusieQQQ said:

 

This depends where your parent lives. Most places it is as described above, but the 9th circuit (logically) saw the law as perverse and held that CSPA should continue to apply. Should your parent live in that jurisdiction I would suggest a quick lawyer consult before they naturalize, if that happens before you get your visa, to verify this still holds.

 

For petitioners who live within the jurisdiction of the 9th Circuit Court of Appeals—which includes the West Coast of the U.S., as well as Idaho, Colorado, Nevada, Alaska, and Montana—there is good news. The Court addressed this problem in 2018, in a case called Tovar v. Sessions. It found that the government was incorrectly interpreting the law. So, in that jurisdiction, F2A category applications now automatically convert into petitions for an immediate relative of a U.S. citizen even if the child turned 21 before the petitioner became a citizen.

https://www.nolo.com/legal-encyclopedia/how-naturalization-affects-your-child-s-application-for-a-u-s-green-card.html

 

Thank you for making my day with this excellent reference . Hope OP reads and mom takes advantage if she lives in the Logical 9th! 
Also thank you for pointing out my blind spots and no worries to OP if he needs to wait out Nigeria’s interview delays as F-2 A , if mom lives anywhere else

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