"Naturalization Before I-130 is approved"

[C56 1]

"Naturalization Before I-130 is approved" Question, please 

 

I filed I-130 in June 2018 for my 21+ unmarried son ( F2B ) and his 15 years old son Derivative beneficiary.

On July 2020 I became American citizen. 

My case has not been approved yet by USCIS.

I have not notified my new citizenship status to USCIS.

I was hoping that, later, my son could opt out F1 and keep in F2B so he could get his green card sooner.

I have been naturalized before I-130 is approved. 

Unfortunately, I found out today,  that I did lost the original F2B category from the date I filed the I-130 application in June 2018. It will not be possible to opt out from F1 anymore.

Please confirm the above statement.

Will my grandson, the derivative beneficiary in the same I-130, still be eligible to use CSPA protection in case he ages out in F1?

Please advise.

 

Thanks,

C56

[aaron2020 11,651]

What did you find out today?  

Since you filed for your son when your were an LPR, it's an F2b case and USCIS will continue to treat it as such until you send in your naturalization certificate to inform them that you are now a USC. 

CSPA does not change for your grandson.  Everything remains the same.  

 

It's impossible for you to have "lost the original F2B category from the date [you] filed the I-130 application in June 2018" when you filed as an LPR and you never informed them that you became a US citizen.  

 

You can opt to retain the F2B category.

[C56 1]

15 hours ago, aaron2020 said:

What did you find out today?  

Since you filed for your son when your were an LPR, it's an F2b case and USCIS will continue to treat it as such until you send in your naturalization certificate to inform them that you are now a USC. 

CSPA does not change for your grandson.  Everything remains the same.  

 

It's impossible for you to have "lost the original F2B category from the date [you] filed the I-130 application in June 2018" when you filed as an LPR and you never informed them that you became a US citizen.  

 

You can opt to retain the F2B category.

Thank you. 

I am happy to learn that I still can keep F2B. 

Yesterday I learned from VJ member "Triple 28",  posted 6/25/2018, the following:

......"If your case was approved after you got naturalization, which mean you are F1 from the beginning, so you will not have a chance to go to F2B.".....

I agree that I would not be fair to loose my original category (I-130 filed to USCIS on June 2018).

Then, I decided to open a New Topic and ask other VJ members for advice.

Thank you very much.

C56

 

 

 

 

[C56 1]

16 hours ago, aaron2020 said:

What did you find out today?  

Since you filed for your son when your were an LPR, it's an F2b case and USCIS will continue to treat it as such until you send in your naturalization certificate to inform them that you are now a USC. 

CSPA does not change for your grandson.  Everything remains the same.  

 

It's impossible for you to have "lost the original F2B category from the date [you] filed the I-130 application in June 2018" when you filed as an LPR and you never informed them that you became a US citizen.  

 

You can opt to retain the F2B category.

Hi Aaron2020,

Thank you for your help.

I have more questions, if I may.

 

My I-130 (June 2018) has not been approved yet. 

Should I have already notified my new USC status to USCIS. 

 

The request to opt-out from F1 and retain F2B letter, -- can I send it on a later date, when my priority date gets closer?

 

In few years ahead, when I send the opt-out letter , --  Should I send it to Both NVC and USCIS as well? 

Even if, at that time, my case has already been approved from USCIS? Is it necessary to get the approval of F2B category in both DHS and DOS?  

 

I read a VJ "puru444" from August 1, 2015 post,  that the opt-out request must be sent to USCIS of the country's jurisdiction. In the case of  "puru444",  the USCIS jurisdiction was in Manila, Philippines. 

Should the opt-out letter mention the Section 6 of CSPA, found in Section 204(k) of the INA.

 

Do I need an attorney to prepare those opt out requests? 

 

I apologize if I am asking too much. 

Thanks for your advice.

 

C56