Apply for Citizenship and Petition for Alien Relative?

[jboo 0]

I recently heard through a coworker that when a permanent resident applies for citizenship they can also submit a petition for an alien relative at the same time. Is this true? And will it delay the processing of the alien relative visa if you haven't received your citizenship yet?

[NigeriaorBust 4,087]

Depends on the relative. Spouses and kids can be applied for before you are a USC. Others you must wait until AFTER the person takes their oath,

[JimVaPhuong 4,863]

Depends on the relative. Spouses and kids can be applied for before you are a USC. Others you must wait until AFTER the person takes their oath,

Just to clarify on this answer, you can't submit a petition for an immediate relative or family preference category that is reserved for US citizen petitioners until AFTER you become a US citizen. For example, you couldn't submit a petition for a parent, married son or daughter, or a sibling. If the relative is a spouse or unmarried child then you could submit the petition anytime before you become a US citizen, and then upgrade the petition after you become a US citizen. This will save you some time waiting for USCIS to get around to adjudicating your petition.

If you plan on submitting a petition for a spouse or unmarried child then go ahead and submit it now. There's no point in waiting until you send in your application for citizenship.

[aleful 1,905]

I recently heard through a coworker that when a permanent resident applies for citizenship they can also submit a petition for an alien relative at the same time. Is this true? And will it delay the processing of the alien relative visa if you haven't received your citizenship yet?

ditto, it all depends on who he or she wants to file for. some family petitions require that the person be a USC, they will need their naturalization certificate.

[meika 1]

Hello evryone I'm a beneficiary my husband petition fo me this year n applied for citizenship the same day! Evrything is flowing well I received noa1 nd he went for fingerprint for the citizenship, am waiting for noa2 n he is waitin for interview now

[meika 1]

Hello evryone I'm a beneficiary my husband petition fo me this year n applied for citizenship the same day! Evrything is flowing well I received noa1 nd he went for fingerprint for the citizenship, am waiting for noa2 n he is waitin for interview now

[JimVaPhuong 4,863]

Hello evryone I'm a beneficiary my husband petition fo me this year n applied for citizenship the same day! Evrything is flowing well I received noa1 nd he went for fingerprint for the citizenship, am waiting for noa2 n he is waitin for interview now

If you read the above posts, you'd understand that an LPR can file for a spouse. The OP was under the impression that there is some little known caveat in the law that allows an LPR to file some sorts of immigrant visa petitions if they file concurrently with an application for citizenship, and your post gives the impression that this is true. It's not. Your husband was an LPR so he was eligible to file a petition for you. Whether he filed the petition before he filed for citizenship or on the same day is irrelevant. Since your husband was still on LPR on the day he submitted the petition then the petition will be in the family preference F2A category. Your husband can upgrade the petition to CR1 or IR1, depending on how long you've been married, when he becomes a US citizen. This would be true even if he'd filed the petition months or years before he applied for citizenship. In fact, if he'd filed the petition six months ago then it might have already been approved, and you'd proceed directly to NVC processing when he upgraded the petition. In other words, it would have been faster if he'd submitted the petition before he applied for citizenship.

Again, just for emphasis...

There is no benefit to concurrently filing an immigrant visa petition and an application for citizenship.

If you're eligible to file an immigrant visa petition as an LPR then go ahead and file it. Don't wait until you apply for citizenship unless you're not eligible as an LPR (parents, married sons or daughters, and siblings), in which case you must become a US citizen before you file.

[jboo 0]

Ok, thanks!

[meika 1]

That's true it would be faster.. Was not thinking about it