F2b

[kokobearus 4]

Hi! I am asking this for my mom. She is a green card holder and petitioned my sister who is above 21. What happens if she becomes a USC? Cause I see in visa bulletine that Nvc is processing Dec. 2001 for f2b and only July 1997 for F1. What category my sister will be in once my mom becomes a USC which will be next yr? Thanks!

[aleful 1,905]

Hi! I am asking this for my mom. She is a green card holder and petitioned my sister who is above 21. What happens if she becomes a USC? Cause I see in visa bulletine that Nvc is processing Dec. 2001 for f2b and only July 1997 for F1. What category my sister will be in once my mom becomes a USC which will be next yr? Thanks!

F1, unmarried child over 21 of a USC.

[kokobearus 4]

So my sisters wait time will take longer?instead of 2001,it will become to 1997?

[aleful 1,905]

So my sisters wait time will take longer?instead of 2001,it will become to 1997?

yep, unfortunatly.

[kokobearus 4]

yep, unfortunatly.

So it's better not o become USC until petition for sister is done

[aleful 1,905]

So it's better not o become USC until petition for sister is done

unless your sister has a boyfriend and wants to marry, your mom has to be a USC for her to marry. residents cannot file for married children.

[belinda63 3,041]

Aren't they given the option of upgrading the petition to child of a USC or keeping it as a child of an LPR?

[aaron2020 11,651]

Aleful is incorrect.

When your mother becomes a US citizen, your sister (the beneficiary) can request that she retains the F2b category by contacting the NVC or US Embassy (wherever her case is at currently).

Your mother does not need to give up US citizenship. Getting US citizenship is good for her. Your mother getting US citizenship will not delay your sister's case if your sister make the request to retain the F2b category.

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Read this from the US Embassy in Manila; http://manila.usemba...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.

Edited July 1, 2012 by aaron2020

[kokobearus 4]

Thank you AARON2020! What if the case is not in Manila yet, does my sister have to write NVC?

Edited July 1, 2012 by kokobearus

[archy219 2]

Thank you AARON2020! What if the case is not in Manila yet, does my sister have to write NVC?

The NVC will contact you indicating that your sister has been automatically converted to F1 from F2B (that is when your mother becomes a US citizen). You will need to send USCIS (not NVC) an opt out letter to retain her F2B category as F1 category has more waiting time. I have the same case.

[kokobearus 4]

The NVC will contact you indicating that your sister has been automatically converted to F1 from F2B (that is when your mother becomes a US citizen). You will need to send USCIS (not NVC) an opt out letter to retain her F2B category as F1 category has more waiting time. I have the same case.

Then what happens next?

[loudoff 25]

You guys, we need to send this petition to President Obama and senators to oppose H.R. 3012. This bill will increase the numbers of visa per country from 7% to 15% and if it becomes a law, the result is the longer wait time for ROW chargeability for both employment and family-based immigration petition. I did send the petition and I really need you guys to do the same. We have been waiting for so so long and I am tired of waiting already. Please!!!!

http://www.petition2congress.com/5677/oppose-hr-3012-its-companions-1857/

[h0tgunn 1]

The NVC will contact you indicating that your sister has been automatically converted to F1 from F2B (that is when your mother becomes a US citizen). You will need to send USCIS (not NVC) an opt out letter to retain her F2B category as F1 category has more waiting time. I have the same case.

Hello Archy - I have same case i was petition by my Dad as F2B in 1999 but it didn't push through then when our attorney get back my recent petition and have it activated it automatically converted to F1. My attorney told me to send a written letter to Field Office Director for the request of retention personally. Does it mean I need to go the US Embassy to handover my request?

[aaron2020 11,651]

Hello Archy - I have same case i was petition by my Dad as F2B in 1999 but it didn't push through then when our attorney get back my recent petition and have it activated it automatically converted to F1. My attorney told me to send a written letter to Field Office Director for the request of retention personally. Does it mean I need to go the US Embassy to handover my request?

You can mail it in. There is no need to go to the US Embassy.

[12grace21 0]

halu everyone hope u can help me my pd is may2010 f2b how long it takes to wait?is the visa bulletin in travel.state.gov is updated?