Hurts To Become A Citizen?

[Second Chance 1]

My wife recently had conditions removed and received her Permanent Green Card. It was a natural thought to have her now apply for Citizenship, but the Visa Bulletin seems to indicate differently. I'm not sure if I'm interpreting the December Visa Bulletin correctly, but if I am then she is punished severely for becoming a Citizen.

She has an unmarried son over the age of 21, and she Petitioned for him to get a Visa to move here from Philippines three years ago. If I am understanding the Visa Bulletin correctly, her status is currently F2B (unmarried child over 21 of Permanent Resident). If she obtains Citizenship her status changes to F1 (supposedly the highest status). If I understand the Cut Off Date for getting a Visa, F1 has October 8,1997 and F2B has March 22,2002. This is total insanity, if I understand the chart correctly. If my interpretation is correct, the US Government will severely punish my wife if she becomes a Citizen by making her son wait 5 more years than if she stays a Permanent Resident.

Is this real? Am I missing something? Should my wife not apply for Citizenship?

[belinda63 3,047]

There is the option to "opt out" of being moved to the new category if she gains citizenship. Someone with more information should be along shortly to explain.

[JimVaPhuong 4,863]

Is this real? Am I missing something? Should my wife not apply for Citizenship?

Yes, it's real. You're not missing anything. The cutoff dates are determined entirely by the number of visas available in each preference category, and the number of people waiting in line for them. The Philippines is upside down regarding the F2B vs. the F1 because of the per country limit. It's not a "punishment" of any sort. It's simple mathematics. There are an awful lot of US citizens with adult sons or daughters in the Philippines waiting for a visa, much more than most other countries except Mexico.

Fortunately, your wife sent the I-130 when she was an LPR. As Belinda said, when she becomes a US citizen then the beneficiary can request that they be retained in the F2B category. The request is made to USCIS, and can be handled by the USCIS field office in Manila.

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

[apple21 953]

My wife recently had conditions removed and received her Permanent Green Card. It was a natural thought to have her now apply for Citizenship, but the Visa Bulletin seems to indicate differently. I'm not sure if I'm interpreting the December Visa Bulletin correctly, but if I am then she is punished severely for becoming a Citizen.

She has an unmarried son over the age of 21, and she Petitioned for him to get a Visa to move here from Philippines three years ago. If I am understanding the Visa Bulletin correctly, her status is currently F2B (unmarried child over 21 of Permanent Resident). If she obtains Citizenship her status changes to F1 (supposedly the highest status). If I understand the Cut Off Date for getting a Visa, F1 has October 8,1997 and F2B has March 22,2002. This is total insanity, if I understand the chart correctly. If my interpretation is correct, the US Government will severely punish my wife if she becomes a Citizen by making her son wait 5 more years than if she stays a Permanent Resident.

Is this real? Am I missing something? Should my wife not apply for Citizenship?

It's NOT a punishment. That's the case in the Philippines because of the higher demand for visa in the F1 category as compared with F2B.

Your wife can Naturalize and her son can still retain his F2B category by submitting an OPT OUT letter to the US Embassy Manila.

The SON will have to submit the following together with his Opt Out letter:

- copy of the Petitioner's Naturalization certificate

- copy of NOA 2 (Petition Approval letter from USCIS)

- beneficiary's original CENOMAR

My husband was under the F2B category too (see my signature). His PD was MARCH 2001. His F2B was approved in JUNE 2005. His father (the petitioner) naturalized in FEBRUARY 2008.

He was able to retain F2B category by filing the Opt Out.

[apple21 953]

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