Perm Res. parent becomes US Citz, daughter over 21 & married

[Bengalita 12]

Here's the question my friend wants to know....

When I was 19 (in 1991), my mother petitioned for me as an unmarried child of a Permanent Resident. At that time, there was no visa number available for me. Then, I turned 21, “aged out”, and then I married when I was 27. When I married, my mother was still a Permanent Resident. This disabled me from benefitting from adjusting my status based on my mother’s Permanent Residency. However, she just became a US Citizen not too long ago.

I would like to know:

**Can I take my mother's Naturalization certificate to Immigrationa and ask them "upgrade me" to Married Daughter (over 21) of US Citizen, now that my mother is a Citizen?

**Can I go ahead and apply for Adjustment of status, based on the approved I-130 from 1991? (Visas are now available for me in this category).

Thank you.

[NigeriaorBust 4,087]

No to both , when you married you killed the old petition. Your mother needs to start a new petiton and you wait through the wait time for it.

[grrrrreat 109]

Here's the question my friend wants to know....

When I was 19 (in 1991), my mother petitioned for me as an unmarried child of a Permanent Resident. At that time, there was no visa number available for me. Then, I turned 21, “aged out”, and then I married when I was 27. When I married, my mother was still a Permanent Resident. This disabled me from benefitting from adjusting my status based on my mother’s Permanent Residency. However, she just became a US Citizen not too long ago.

I would like to know:

**Can I take my mother's Naturalization certificate to Immigrationa and ask them "upgrade me" to Married Daughter (over 21) of US Citizen, now that my mother is a Citizen?

**Can I go ahead and apply for Adjustment of status, based on the approved I-130 from 1991? (Visas are now available for me in this category).

Thank you.

I guess the problem is that you actually need to update them twice: (1) once for your marriage, which took you out of all relative categories, and (2) for your mom's citizenship, which puts you back in the F3 category. Generally, your priority date is lost when you get married, and if you had updated them I suppose they would have rejected your I-130. I suspect if you tell them now, they will do the same thing, even though you will be eligible for F3 status with a new I-130 and priority date. I would ask an immigration lawyer, sooner rather than later, because if your old I-130 is invalid, you will want to file a new one and get a priority date ASAP.

[aleful 1,905]

Here's the question my friend wants to know....

When I was 19 (in 1991), my mother petitioned for me as an unmarried child of a Permanent Resident. At that time, there was no visa number available for me. Then, I turned 21, “aged out”, and then I married when I was 27. When I married, my mother was still a Permanent Resident. This disabled me from benefitting from adjusting my status based on my mother’s Permanent Residency. However, she just became a US Citizen not too long ago.

I would like to know:

**Can I take my mother's Naturalization certificate to Immigrationa and ask them "upgrade me" to Married Daughter (over 21) of US Citizen, now that my mother is a Citizen?

**Can I go ahead and apply for Adjustment of status, based on the approved I-130 from 1991? (Visas are now available for me in this category).

Thank you.

ditto, no to both, when you married you canceled the petition, you cannot marry while your mother is a LPR. now your mother has to file all over again as USC of a married child.

[Bengalita 12]

Here's more of the scenario.

My friend writes:

The exact same thing happened to my husband. My husband (also entered w/out inspection) was petitioned for when he was 25 years old and single, by his Permanent Resident dad. My husband married me when he was 31, and his dad was still a Permanent Resident. Then, 3 years later, he became a US Citizen. 2 years after that, priority dates were available for F3's (children over 21 of US Citizens). (Our priority date from my husband's I-130 is 5/1995). So we filed I-485's. My husband filed as the beneficiary, and I filed as a derivative from my husband. We were called to the interview. Everything was great, except our joint-sponsor forgot to sign one form, or something insignificant like that. So the Immigration Officer told us that our I-485's will be approved if we get that joint-sponsor thing signed. He sent us home and gave us 30 days to submit it. We submitted it in 8 days. However, during the lapse of 8 days, unfortunately, there was a TREMENDOUS visa regression, and our priority date fell back like 2 years!!!!! It's almost like bad luck made us fall right through the cracks!!!! The Immigration Officer sent us a letter informing us that much to his regret, we cannot get our residency now, because of Visa Regression, but that he will keep our file on hand when the priority dates come available. It was NOT denied, nor was it approved. SO, since then, we have been renewing our I-765's every year. It's going on 8 years now, and we renew it every year.

Now see how my husband's case and mine are so much the same. He married while still under a I-130 filed as a single child over 21. He married when his father was still a Perm. Resident, and when his father became a US Citizen, we ALMOST were able to adjust status under that same petition, still conserving that same priority date. Nothing at all was ever said about it being forfeited. THe problem was....that there was a visa regression right aroudn the time we were to be approved and BAM!!! We didn't make it.

Ok, if all of you feel that it is not possible for us to adjust status under the above mentioned circumstances, could someone please quote from the CFR INA the clause that serves as the basis for your interpretation?

And yes, we have contacted 3 lawyers. 2 in North Carolina, one in Arkansas, and one in Miami, FL. The Miami attorney and the NC attorneys say, YES GO FOR IT, and Arkansas attorney says NO DON'T DO IT. So um..........we're at crossroads!

[NigeriaorBust 4,087]

The problem is that the immigration officer can say yes , he is human and makes mistakes, someday a computer will tick off the various timeslines and discover that you were married while your father was a LPR and that make you ineligble for be petitioned. He needed to start a new petition after he became a USC. So based on that ineligiblity you ( and your husband) should have gotten a green card. Even if you have your USC by then they can take EVERYTHING away ( anything that happens because of something that shouldn't happen also is taken back ) DO you both want to live life wonder when the letter will arrive ?

[Bengalita 12]

The problem is that the immigration officer can say yes , he is human and makes mistakes, someday a computer will tick off the various timeslines and discover that you were married while your father was a LPR and that make you ineligble for be petitioned. He needed to start a new petition after he became a USC. So based on that ineligiblity you ( and your husband) should have gotten a green card. Even if you have your USC by then they can take EVERYTHING away ( anything that happens because of something that shouldn't happen also is taken back ) DO you both want to live life wonder when the letter will arrive ?

Thank you for your answer. Ok, so if a new I-130 is submitted for my husband through his USC father, then that would put us WAY behind as far as priority dates are concerned, correct? Because if the USC father submitted an I-130 tomorrow, that would make the priority date April, 2012. And for a F3 status, the priority date of April 2012, this can mean many more years of wait, correct?

[aaron2020 11,651]

I guess the problem is that you actually need to update them twice: (1) once for your marriage, which took you out of all relative categories, and (2) for your mom's citizenship, which puts you back in the F3 category.

This is incorrect. The first event killed the petition. Mom getting citizenship after the beneficiary does not put her back in the F3 category. Dad is dead. Subsequent events do not matter.

[NigeriaorBust 4,087]

USCIS instructions You wanted reference to why we say this, if you read under getting married, it says you must notify USCIS of any change in your maritial status after the I 130 was filed and before you became a LPR. Had you done this the case would have been closed then. You failed to notify them ( which could be a material mis representation because you did it to try to maintain the ability to gain status based on the old petition ) and are now continuing to try to use a petition that should have been voided by your marriage. To continue risks denial ( or more) You need to cancel the current I130 and start a new one. Yes it means more time but some of that is because you didn't cancel and refile when your parent became a USC.

[Bengalita 12]

Thank you, Nigeria-Or-Bust. It's clear what needs to be done.

[grrrrreat 109]

This is incorrect. The first event killed the petition. Mom getting citizenship after the beneficiary does not put her back in the F3 category. Dad is dead. Subsequent events do not matter.

If you kept reading my response, I don't think we disagree.