I-130 Petition for Siblings (F4) - How to inform USCIS/NVC about Change of Nationality

[Boiler 45,579]

She is not eligible for cross changeability, if somehow they made a mistake it could have nasty future consequences.

 

Keep it clean.

 

E3 is a good route.

[Family 4,014]

The request/claim to switch country of chargeability  is quite “ clean “ based on OP’s sister no longer being “ citizen or subject “ of her country of birth and now eligible to claim her country of citizenship and residence.

 

The claim has merit and no risk in request.

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim

3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular office

 

[Jeff O. 1]

27 minutes ago, Family said:

The request/claim to switch country of chargeability  is quite “ clean “ based on OP’s sister no longer being “ citizen or subject “ of her country of birth and now eligible to claim her country of citizenship and residence.

 

The claim has merit and no risk in request.

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim

3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular office

 

Thanks @Family

Very interesting provision in the law.

It gives some flexibility for the consular office to determine the chargeability.

How do you know these stuff?  Did you study law?👍

 

[Family 4,014]

19 minutes ago, Jeff O. said:

Thanks @Family

Very interesting provision in the law.

It gives some flexibility for the consular office to determine the chargeability

Don’t be dazzled, do the dazzling Lol! ..and pray, light a candle or try the rain dance too. 
No degree, no pedigree here…bit of work hands on past. 
 

You have to get past USCIS first..

 

Edited September 28, 2022 by Family

[Chancy 6,241]

On 9/27/2022 at 2:39 PM, Jeff O. said:

As I understand it, there is a significant backlog (20+ yrs) for Filipinos.  Thinking if we can inform USCIS about the change of nationality (Filipino to Australian), it will cut back at least 5 years of wait time when the case gets to NVC.

 

Your sister's chargeability will not change regardless of what other citizenship she acquires.  Chargeability is generally based on the applicant's place of birth, not citizenship.  Obviously, place of birth will never change.  Based on the info you shared so far, none of the exceptions that allow for cross-chargeability apply to your sister.  It seems she does not have an Australian spouse who is a derivative beneficiary nor does she have parents born in a country other than the Philippines.

 

Rules of chargeability are detailed here -- https://fam.state.gov/fam/09FAM/09FAM050302.html

 

[Chancy 6,241]

20 hours ago, Family said:

2. call USCIS, get through a 2nd level human ( I think repeating InfoPass still works) , read out your letter and see if they can initiate request or give you an email address to submit.

 

Not sure if you just overlooked the fact that the sister will be applying for a visa, not adjusting status in the US.  USCIS will not care about her chargeability in processing the I-130 petition filed for her, so contacting USCIS will be pointless.  Visa processing will be handled by the Department of State when a visa number becomes available for her based on her chargeability.  Based on the rules in the DOS FAM page linked above, she does not qualify for any chargeability other than Philippines.

 

[Family 4,014]

9 minutes ago, Chancy said:

Not sure if you just overlooked the fact that the sister will be applying for a visa, not adjusting status in the US.  USCIS will not care about her chargeability in processing the I-130 petition filed for her, so contacting USCIS will be pointless.  Visa processing will be handled by the Department of State when a visa number becomes available for her based on her chargeability.  Based on the rules in the DOS FAM page linked above, she does not qualify for any chargeability other than Philippines.

 

Yes, thank you. I also referenced 2 links specific to the issue. 
USCIS is part of determination as it is assigned at filing .