CSPA section 6

[mrs.B. 0]

Hi everyone. I would like to ask something in behalf of my cousin.

His father filed an F2B petition for him in 2001. The petitioner received a Notice of Receipt for F2B in July 2001 and was given a priority date of 05 July 2001. But in 2003, his father naturalized, before the F2B was approved.

Then in 2005, he received a Notice of Approval, but the preference category is now F1.

As of the upcoming visa bulletin for November (for the Philippines), my cousin's priority date will be current. The question is, will my cousin qualify for the CSPA sec 6? If so, what will be the best action to take regarding this situation? Thanks to anyone who can help.

[Jojo92122 1,924]

Your cousin can retain his place in the F2b family preference category.

This is an issue that currently only affects Filipinos.

Always start your research at the US Embassy in Manila.

http://manila.usembassy.gov/wwwh3201.html#8

Q. What happens if a petition is filed by a Lawful Permanent Resident (F2A or F2B) and the petitioner becomes a U.S. citizen before the applicant is called for an interview?

When the petitioner naturalizes, the F2A petition (spouse or minor child of a permanent resident) is automatically converted to an IR1 (spouse of an American) or IR2 (child of an American) petition. These visa categories are not subject to the visa quota system and will therefore always have visas available for the beneficiaries’ use if they qualify for visa issuance.

However, because there are no derivative beneficiaries allowed with IR petitions, children who are derivative applicants on a parent’s F2A application must each have a separate IR2 petition filed for them if the petitioner becomes a U.S. citizen. F2A petitioners who naturalize should make sure to file new IR2 petitions for their children (if they did not originally file separate petitions for them).

For F2B applicants (unmarried son/daughter of a permanent resident), their F2B petitions are automatically converted to the F1 category retaining the original priority date when their petitioners naturalize. Because of unique circumstances, the waiting period for the F1 category is longer than the F2B category in the Philippines. However, under Section 6 of the Child Status Protection Act (CSPA), the applicant (not the petitioner) can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) a written statement that he/she elects to have such conversion revoked. The applicant may send the written request for retention of his/her F2B category to the DHS/USCIS office in Manila by fax at (632) 301-2208 (Attn: Field Office Director) or by mail: DHS/USCIS, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 0930.

[mrs.B. 0]

Thank you Jojo92122. I already did some research about CSPA sec6. The one thing that I needed clarification is that when the father naturalized, the F2B petition was not yet approved. Is it then still technically considered F2B, even when the approval notice is F1?

[Jojo92122 1,924]

  On 10/12/2011 at 10:39 PM, mrs.B. said:

Thank you Jojo92122. I already did some research about CSPA sec6. The one thing that I needed clarification is that when the father naturalized, the F2B petition was not yet approved. Is it then still technically considered F2B, even when the approval notice is F1?

It's was an F2b case the moment your LPR father submitted the I-130.

How do you know that the approval notice will be F1? Don't jump the gun. You don't know this because it hasn't happen. Focus on what needs to be done and not on what you think may happen.

You have the information you need. Your father needs to provide a copy of his naturalization certificate to reflect his changed in status from LPR to USC. The beneficiaries will need to request retention in the F2b category at the USCIS office in Manila. The requests will be granted.

This is not a unique situation. It occurs alot. The USCIS office in Manila knows how to deal with this.

Edited October 12, 2011 by Jojo92122

[mrs.B. 0]

^ I'm not jumping the gun... the petitioner indeed received a Notice of Approval for F1, but did not receive an F2B approval notice

[Jojo92122 1,924]

  On 10/13/2011 at 2:52 AM, mrs.B. said:

^ I'm not jumping the gun... the petitioner indeed received a Notice of Approval for F1, but did not receive an F2B approval notice

Okay. Then the beneficiary needs to contact USCIS in Manila to ask for a revocation of the automatic conversion.

[mrs.B. 0]

Thanks.