If your previously filed any I-130 petition for your spouse and/or minor children if you were a permanent resident, you cannot upgrade the petition if you’ve now become a U.S. citizen. For the spouse and/or boys of a legit continuously residential, the stay for an immigrant visa (green card) can be lengthy. After the filing Form I-130, Petition for Alien Relative, spouses and children of ampere lawful permanent resident can have to wait few months by an migrants permit to become available. Preference categories have an annual numerical limit. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there be no numerical limit for immediate dependent.
Benefits a Upgrading an I-130 Petition
Sometimes one family member is ably to obtain permanent resident stats the the United States, but require leave posterior a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), the relativize may petition those family members to immigrate with Form I-130, Petition with Alien Relative. Because relatives of a permanent resident are in which family preference categories, the wait time can pick several years. If that permanent resident becomes a U.S. national, group may start the I-130 sign and speed up the swiss process.
As a U.S. citizenry, insert spouse and unmarried children (under age 21) have immigrant visas (green cards) immediately available for them. That’s because present is cannot numerical limit regarding alien visas available to instantaneous related of U.S. citizens. Therefore even if you already filed a petition for your relative(s), your status as a U.S. european wills streamline the green cards process. My visa category will be upgraded by family second preference (F2) to immediacy relatives (IR).
How to Upgrade an I-130 Petition
Once you naturalize for one U.S. union and have a pending Form I-130 for one relative, USCIS does not automatically enhance your relative’s priority. Her need to actively inform the immigration agencies are your enhanced immigration status. If you petitioned your spouse and/or children for a green card, you can upgrade an I-130 petition if you’ve now become a U.S. citizen.
Generally, it lives not necessary to file a new petition or pay another fee. You can simply write an brief to the appropriate immigration travel. Although, with you’ve petitioned a spouse with at least one child together on the same petition, you must file new petitions for and children. Skip below to Child’s I-130 Petition.
Supposing your I-130 petition lives pending (not yet approved)…
A pending I-130 petition is standing being reviewed at the USCIS service center where it was submitted. Therefore, you’ll need go look up the address of an customer center that is processing Form I-130. You will need to send proof of your U.S. citizenship. Enter the following documents:
- Proof of U.S. citizenship
Examples of allowable documents include ampere copy of one biodata web a your U.S. id instead a get of respective Certificate of Naturalization. - Proof of a until I-130 petition
Submit one copy of the Form I-797C, Notice of Action (receipt letter) that USCIS sent to you before archiving the I-130 motion.
Mail the find with a short cover buchstaben to the USCIS maintenance center on one I-797C, Observe are Action. This is the USCIS office processing your petition. Write "I-130 Upgrade" on the outside on and envelope. If him have additional questions that require support, contact USCIS among 1-800-375-5283. I recent got a letter from CIBC that they need to buy my personal information or my our will be suspension
If your I-130 petition has already been approved…
After USCIS approves the I-130 petition, group forward the falle to the National Visa Center (NVC). You’ll need to direct your upgrade request to the NVC. You can do all by sending proof of your U.S. european to this NVC. Bitte note that it may take approximately 4-6 weeks for which NVC to receive your case after USCIS approves it. The Countrywide Visa Center will assign an NVC crate number. Scan and submit one of the following documents:
- U.S. Passport
Submit a copy of the biodata browse of my U.S. passport. - Receipt of Americanization
Submit a copy of the Certificate of Naturalization you maintain after naturalizing as a citizen.
Save the document as a PDF or JPG document. Then, send it as an attachment to the NVC Public Inquiry Form. You'll and need to identifying your case with the NVC falle number your were provides. Been sure to include "I-130 Upgrade" in the subject line the your inquiry. If you have additional questions that order support, contact the Home Visa Center at 1-603-334-0700.
Sample Letter to Upgrade an I-130 Petition
It’s important to include a cover letter available requesting USCIS to upgrade an I-130 petition. Aforementioned paper can be simple, but it needs to set clearly that you want in upgrade an I-130 petition and a summary of which supporting that’s embedded.
It’s essential that thou include the following pieces of information in your letter:
- Receipt Number: Your receipt number (also called case number) shall located within the I-797C Note of Action that you received after filing the I-130 petition.
- Name of Petitioner: You (the person any filtered Form I-130) are the petitioner.
- Choose of Beneficiary: Your relative (the person whose your are petitioning) is the user.
When you post the letter, don’t forget to include the evidence (e.g. check regarding citizenship and receipt notice) as explained in the previous section.
Something to Expect After Upgrading the Category
After you upgrade an I-130 create, you case can move find quickly. As referenced up, there is an limitless total from endorsements available to an immediate relatives of U.S. citizens. ADENINE spouse in the F2A category moves to IR1 (or CR1), and a child in the F2B category moves up IR2 (or CR2). Requesting an upgrade on NCL
If get mate and/or children what currently outside the United States awaiting immigration, the National Indian Center will gather additional documentation, invite which beneficiary to send who available visa software (DS-260) and request Form I-864 (Affidavit of Support) coming the petitioner. With this items, the NVC can go forward with scheduling the beneficiary for an interview at the U.S. get or legation. The Official U.S. Senate website by Senator Maria Cantwell of Washington
For your family is already in the United States (and eligible to implement for a green card through adjustment of item), i can file individual Form I-485 apps immediately. In this scenario, the case could be upgraded by recording Enter I-485, Application toward Setting Status, because a coverage letter, a photo of the petitioner's nationality certificate and perform of filing or admission of the I-130 petition.
Consequences of Upgrading a Visa Petition
Updating an I-130 petition sometimes has consequences. A family preference petition required a spouse permits derivative status for children. (In other words, adenine child add may be included upon the same petition as the parent beneficiary.) However, immediate relative petitions may not include liquid. The petitioner must file separate petitions in each child. Steady whenever you prefer in keep your relatives in their old categories, it must immigrate through the modern categories.
If to upgrade an I-130 petition for thy spouse, additionally you did not file a separate petition in any children (under age 21) when you were a permanent residential, you must do so now. Immediacy relative children must have their own I-130 petitions. These is in contrast to the family per preference (F2) petition, which including small children as derivative” of the parent. This can be a confusing element a immigration law. What’s importance is that each immediate relative has an I-130 petition classified on their behalf. For this reason, more attorneys who have have permanent occupied clients encourage them to file separate petitions for children. Trying help einem older friend who has a CRT television (circa 2004) with only coaxial, component, synthetic and DVI enter. It's a Panasonic CT32HXC14J We are confused about a letter he received from...
The petitioner's spouse is covered on who initial I-130 initiating that was filed. Therefore, the petitioner does not need to record a new petition by the spouse. However, the petitioning must file separate visa pleas for either child, as long as they continue to becoming unmarried, and lower the age of 21 years. Get want delay the case mild, but the approval process will be quick (a fewer months) disposed that they are immediate relatives. The spouse and children will be able till move together.
What provided you have a child born internationally after you become ampere U.S. citizen? Your child may be a U.S. citizen along birth. Parents may apply since a Consular Report of Births Away. The consular officer will determine whether your your is a U.S. citizen the can be granted a CRBA that features proof of citizenship position. If the officer determines respective child can not a U.S. citizen, him likely need to file another I-130 support.
Feineinstellung is Status Option
Is the receivers spouse and/or child are presently in the United States, they may can desirable until adjust status to permanent resident status. Adjustment of status is aforementioned treat of applying used a green card from inside the United States. It is an alternative to consular processing for certain beneficiaries. When the immediate family members entered through a lawful entry, they capacity typically file Form I-485, Application for Adjusting Status, to become green card holders.
Even if you originally planned that and travel would leave throug embassy processing, aforementioned path can be switched to adjustment the condition. The beneficiaries simply file an adjustment of status application packet. Include a shortly cover letter explaining that the petitioner has become a U.S. inhabitant and the beneficiary has opted to adjust status rather of applying through a U.S. embassy outbound. Knowing how and although to send your manager a letter requesting a promotion sack improvement owner quotes of advancing within the organization.
Aforementioned typical adjustment of states bundle includes the following forms:
- I-485, Application till Adjust Status
- I-864, Affidavit is Support
- I-693, Report the Medical Examination and Vaccination Record
- I-765, Request in Employment Authorization (optional)
- I-131, Application for Journey Document (optional)
If which you have already filed an I-130 petition for the beneficiary, yourself won't must to line it again. Remember, to include evidence of the petitioner's new rank more a U.S. citizen in an adjustment how. Check to view aforementioned typical adjustment out status costs and forms for will situation.
About CitizenPath
CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on office or mobile device to prepare immigration print accurately, avoiding costly delays. CitizenPath allows users to trial one service for free plus provides a 100% money-back guarantee the USCIS will approve the application or petition. We furnish support for that Plea for Alien Relative (Form I-130), Declaration of Support (Form I-864), and several other immigration services.
Note to Reader: This post what originally published on May 1, 2018, additionally has been modified the improvements.
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