Losing right to be a derivative?

[Pigletrma 3]

My stepdaughter applied under my wife who was a permanent resident at the time. Stepdaughter was an adult , unmarried (F2b) She had a young daughter at the time that was included as a derivative.  A year later, she had another daughter who has not been added as of yet. 4 years later my wife became a citizen. Is it possible for my stepdaughter to move forward as  F1  without losing the right for her daughters to be included as beneficiaries? Or, does she need to ask that her status revert to f2b?

[Dashinka 26,659]

The F1 category allows for derivatives, so it really depends on the priority date of the daughter whether to switch from F2B to F1 relative to the current visa bulletin.

 

Good Luck!

[Boiler 48,872]

Quote

 

the fathers involvement and agreement could be an issue

Edited yesterday at 08:43 PM by Boiler

[Pigletrma 3]

2 hours ago, Dashinka said:

The F1 category allows for derivatives, so it really depends on the priority date of the daughter whether to switch from F2B to F1 relative to the current visa bulletin.

 

Good Luck!

Thank you

44 minutes ago, Boiler said:

 

the fathers involvement and agreement could be an issue

Fortunately, that is not an issue, thanks

 

[appleblossom 5,952]

5 hours ago, Pigletrma said:

My stepdaughter applied under my wife who was a permanent resident at the time. Stepdaughter was an adult , unmarried (F2b) She had a young daughter at the time that was included as a derivative.  A year later, she had another daughter who has not been added as of yet. 4 years later my wife became a citizen. Is it possible for my stepdaughter to move forward as  F1  without losing the right for her daughters to be included as beneficiaries? Or, does she need to ask that her status revert to f2b?

 

I answered this for you the other day? 

 

[Pigletrma 3]

13 hours ago, appleblossom said:

 

I answered this for you the other day? 

 

Thank you, but the reason I posted again was that the link you kindly provided did not address the consequences to derivatives in such a change, but only to the beneficiary adult child. "Effect on adult children: 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 an F2B visa applicant. This may be beneficial because sometimes the wait time for an F2B visa is shorter than the wait 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 when it converts to the F1 visa category.) Applicants who want to opt-out of conversion to the F1 category must submit a request using these guidelines:"  so far I have not been able to find  a credible source that deals directly with the affects such a change has on the derivatives. I realize that there is no significant impact on the beneficiary.

[appleblossom 5,952]

1 hour ago, Pigletrma said:

so far I have not been able to find  a credible source that deals directly with the affects such a change has on the derivatives

 

That's because there isn't one. As I said in my response to you, both F1 and F2B's can have derivatives so it has no impact at all. 

[Dashinka 26,659]

I agree with @appleblossom, since both F1 and F2B allow for derivatives, there will be no issues except for which one becomes current sooner according to the visa bulletin.  It would be different if the primary beneficiary was moving to an IR visa category.

 

Good Luck!