LPR wanting to be USC with pending petition under F2B

[aklanon 0]

Hello there! I'm hoping that someone could help me.My mother who is an LPR from Philippines petitioned my unmarried brother over 21 in Aug. and we received the NOA1 after 30 days.She is now available to become a USC, which she is thinking to do, so she could petition my other brothers and sisters who are married.My question is, should she wait for that USCIS NOA2 approval of petition or wait for his priority date from the NVC? The reason is I wanted my brother to retain his priority date rather than adding more years to his wait on the 1st preference for USC.

[RICARDO4EVA2 194]

Hello there! I'm hoping that someone could help me.My mother who is an LPR from Philippines petitioned my unmarried brother over 21 in Aug. and we received the NOA1 after 30 days.She is now available to become a USC, which she is thinking to do, so she could petition my other brothers and sisters who are married.My question is, should she wait for that USCIS NOA2 approval of petition or wait for his priority date from the NVC? The reason is I wanted my brother to retain his priority date rather than adding more years to his wait on the 1st preference for USC.

Goood NIght -

Your Mom should go ahead and submit for her citizenship... IT WILL NOT affect the case in a bad way. Actually it will help your brother who she petitioned in August.. based on the current visa for his category F2B he would have to wait for 5 years and 5 months. IF she would become a citizen and update the USCIS/NVC then your brother would have to only wait 4 years and 9 months a difference of 8 months.

Hope this helped you.

************* Also it will NOT add more years in the category First preference of US Citizens *************************

Edited November 26, 2010 by RICARDO4EVA2

[pianojangee 0]

Goood NIght -

Your Mom should go ahead and submit for her citizenship... IT WILL NOT affect the case in a bad way. Actually it will help your brother who she petitioned in August.. based on the current visa for his category F2B he would have to wait for 5 years and 5 months. IF she would become a citizen and update the USCIS/NVC then your brother would have to only wait 4 years and 9 months a difference of 8 months.

Hope this helped you.

Not true in case of citizen of Philippnes. There are 10-11 years of wait under FB 2B preference (PD 01 March 2000) v. 13-14 years of wait under FB 1 preference (PD 01 April 1997) according to December Visa Bulletin. Once your mother becomes US citizen, she has to notify in letter to USCIS change of petitioenr's status from PR to Citizen. Then USCIS will change her I-130 petition accordingly which your brother has to wait longer. Your mother has to make decision.

http://travel.state.gov/visa/bulletin/bulletin_5197.html

[RICARDO4EVA2 194]

@ pianojangee

You are absolutely right the dates i provided was not accurate it was based on all other countries instead of the OP's country... i needed to look over a few more columns. they're working with 1997 and 2000.

i'm glad u caught me

[ekto 4]

Hello there! I'm hoping that someone could help me.My mother who is an LPR from Philippines petitioned my unmarried brother over 21 in Aug. and we received the NOA1 after 30 days.She is now available to become a USC, which she is thinking to do, so she could petition my other brothers and sisters who are married.My question is, should she wait for that USCIS NOA2 approval of petition or wait for his priority date from the NVC? The reason is I wanted my brother to retain his priority date rather than adding more years to his wait on the 1st preference for USC.

Your mother can apply for naturalization without affecting the case of your unmarried brother.

The applicant, which is your brother, can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to the (DHS/USCIS) a written statement that he elects to have such conversion revoked. The applicant may send the written request for retention of his F2B category to the DHS/USCIS office in Manila by fax at 301-2208 (Attn: Field Office Director) or by mail: DHS/USCIS, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 0930.

Note: Your brother can only start to make this request, once your mother becomes a US citizen.

Try to search for similar thread on this forum.

I think your problem was already answered by one of the F2B applicant from the Phils.

Good luck.