to upgrade petition or not?

[happypuppy 0]

HI ALL,

this question is for my aunt. My aunt was a permamnent resident when she petitioned her daughter (under 21) on 2003 and the petition got approved in 2005. The beneficiary was still under 21, 20 1/2 years old to be exact back then. They are now waiting for the visa availability. My question: does she need to upgrade the petition now that my aunt is a US citizen? Will the beneficiary be treated as a minor when my aunt upgrade the petition considering that the petition was approved when the beneficary was still under 21. Or, the beneficiary will be treated as an adult? Bottomline, which will be faster, waiting for a visa under an immigrant petition or under as US citizen petition. Thanks and hoping to hear from you soon.

Edited August 24, 2009 by happypuppy

[NArocks 13]

Not sure however PM member Aaron2020 he is very knowledgable in these types of questions.

[Dakine 26]

HI ALL,

this question is for my aunt. My aunt was a permamnent resident when she petitioned her daughter (under 21) on 2003 and the petition got approved in 2005. The beneficiary was still under 21, 20 1/2 years old to be exact back then. They are now waiting for the visa availability. My question: does she need to upgrade the petition now that my aunt is a US citizen? Will the beneficiary be treated as a minor when my aunt upgrade the petition considering that the petition was approved when the beneficary was still under 21. Or, the beneficiary will be treated as an adult? Bottomline, which will be faster, waiting for a visa under an immigrant petition or under as US citizen petition. Thanks and hoping to hear from you soon.

OOPs

Edited August 24, 2009 by Haole

[Dakine 26]

HI ALL,

this question is for my aunt. My aunt was a permamnent resident when she petitioned her daughter (under 21) on 2003 and the petition got approved in 2005. The beneficiary was still under 21, 20 1/2 years old to be exact back then. They are now waiting for the visa availability. My question: does she need to upgrade the petition now that my aunt is a US citizen? Will the beneficiary be treated as a minor when my aunt upgrade the petition considering that the petition was approved when the beneficary was still under 21. Or, the beneficiary will be treated as an adult? Bottomline, which will be faster, waiting for a visa under an immigrant petition or under as US citizen petition. Thanks and hoping to hear from you soon.

OOPs

http://travel.state.gov/visa/frvi/bulletin...letin_4539.html

[happypuppy 0]

Not sure however PM member Aaron2020 he is very knowledgable in these types of questions.

hi, how will i find him?

[happypuppy 0]

HI ALL,

this question is for my aunt. My aunt was a permamnent resident when she petitioned her daughter (under 21) on 2003 and the petition got approved in 2005. The beneficiary was still under 21, 20 1/2 years old to be exact back then. They are now waiting for the visa availability. My question: does she need to upgrade the petition now that my aunt is a US citizen? Will the beneficiary be treated as a minor when my aunt upgrade the petition considering that the petition was approved when the beneficary was still under 21. Or, the beneficiary will be treated as an adult? Bottomline, which will be faster, waiting for a visa under an immigrant petition or under as US citizen petition. Thanks and hoping to hear from you soon.

OOPs

http://travel.state.gov/visa/frvi/bulletin...letin_4539.html

HI Haole,

I see that it's faster being a beneficiary of an immigrant. Does my aunt need to declare that she's a citizen now? Or just wait until they receive something from NVC and have it processed as an immigrant petition? Thanks!

[NArocks 13]

She needs to let NVC know that she is a citizen adn send the appropiate information

[aaron2020 11,651]

HI ALL,

this question is for my aunt. My aunt was a permamnent resident when she petitioned her daughter (under 21) on 2003 and the petition got approved in 2005. The beneficiary was still under 21, 20 1/2 years old to be exact back then. They are now waiting for the visa availability. My question: does she need to upgrade the petition now that my aunt is a US citizen? Will the beneficiary be treated as a minor when my aunt upgrade the petition considering that the petition was approved when the beneficary was still under 21. Or, the beneficiary will be treated as an adult? Bottomline, which will be faster, waiting for a visa under an immigrant petition or under as US citizen petition. Thanks and hoping to hear from you soon.

Based on the dates that you have provided, CSPA will not provide any relief to your cousin. Given the best case scenario, CSPA would not count the two years that it took for USCIS to approve her petition. That means she would get 2.5 years of relief. It has been 4 years, your cousin's CSPA age would still be over 21. Your cousin will be treated as a child over age 21.

For Filipinos, it is better to stay in the F2b category (LPR petitioning for an unmarried child over 21) than to convert the case to the F1 cateogry (USC petitioning for a child) when the petitioning parent becomes a USC. Here are the current priority dates for Filipinos;

F1 (USC petitioning for unmarried child) - Sept. 22, 1993

F2b (USC petitioning for an unmarried child over 21) - May 1, 1998

F3 (USC petitioning for a married child) - Sept. 22, 1991

If USCIS or the NVC is aware that your aunt has become a USC, the petition automatically converts from F2b to F1. That means a longer wait for the beneficiary. The petitioner or the beneficiary can write the NVC ( see this post for how to contact the NVC http://***removed***/foru...read.php?t=4963 ) to request that the case be retained in the F2b category. F2b will be faster than F1 for your cousin if she is not married.

If your cousin wants to get married, her husband can also get a visa. There would not be a separation that would occur if she was to come in the F2b category, come to the US and then file for her husband (4-5 years for a visa).

[happypuppy 0]

THank you very much Aaron2020 for a very detailed response. That sure shed light to my aunt's situation.