Q & A April 20, 2003
Q & A 1 2
To Whom It May Concern:
I immigrated to the U.S. in 1977, petitioned for my son to be a
permanent resident in February, and received a letter from INS in
May, all during the same year. Since recently I became a citizen,
I would like to change my son’s category from 2B to another.
Questions:
- What kinds of documents do we need to provide if we change the
category from 2B (an adult unmarried child of a permanent resident)
to the first preference (an adult unmarried child of a citizen)?
What is the form to use?
- If my son gets married several months from now, can his category
be changed from 2B to the F-3 preference (a married child of a
citizen)? If so, what are the documents we need? What is the form
to use?
Chou
New York
Dear reader:
- In looking over your question, it seems apparent that you could
not have petitioned for your son in 1977 as the case would have
been completed many years ago. I will answer your questions without
reference to particular dates, and address the situation-- if
your petition is still with 1.) the BCIS (Bureau of Citizenship
and Immigration Services, the successor to of the INS as of March
1, 2003) or 2.) the National Visa Center.
As your letter comes from New York, I assume that you filed your
petition at the Vermont Service Center of the INS. That center
does not have any special form to change preference category on
I-130 petitions. If your petition is still with BCIS, the upgrading
of category from F-2B to F-11 (unmarried son or daughter of U.S.
citizen) can be done through letter requesting the change and
enclosing a copy of the filing receipt and naturalization certificate.
Because there is no special attention being given to this type
of situation in Vermont, it has been our experience that such
upgrade at the service center requires repeated letters requesting
the change. If the petition was already approved by the INS and
the priority date is not yet current, the approved petition is
most likely in the National Visa Center (NVC). With the NVC, you
can write a letter explaining the situation, and attach copies
of your naturalization certificate, I-130 approval sheet from
the INS and any correspondence which you may have since received
from the NVC.
- If your son becomes married, his category can be changed from
F-2B to F-3 (married son or daughter of U.S. citizen) since his
marriage would have followed your becoming a U.S. citizen. Again,
there is no special form for use at the Vermont Service Center
to change the category. This would be done by letter form with
the filing receipt, naturalization certificate, and proof of your
son's marriage and wife's birthdate. ( I note that if your son
will definitely be married, there is no point to changing the
visa category to F-11 and then later changing to F-3. You can
accomplish the same result by going directly from F-2B to F-3).
In the event that the petition was already approved by the INS
and is presently in the NVC, you can write a letter explaining
your situation to the NVC with a copy of your naturalization certificate,
I-130 approval sheet, any correspondence which you may already
have received from the NVC, proof of marriage of your son and
proof of birth of his wife.
Dear Mr. Lee:
My political asylum case was approved in March 2000, and the I-485
application was submitted in March 2001.
Questions:
- Can I apply for my parents to visit me before receiving the
Green Card?
- What kinds of criteria do I need to have for the application?
Ms. Fan
Dear reader:
- You can apply for your parents to visit you before receiving
your green card. However, the decision of whether to allow visas
to your parents is up to the American consular officer. He/she
would have to be convinced that your parents will have sufficient
financial support without having to work and that they will return
to the home country at the end of the period of visit.
- You can assist your parents by sending your parents an invitation
letter outlining the period of time that they will stay, guaranteeing
support, and that they will return to the home country at the
end of the period of visit. You can also enclose an I-134 affidavit
of support form with job letter, bank letter or banking statement
and your latest tax return. In the event that your financial stature
is not sufficient to support your parents' visit, you should have
a co-sponsor execute the same documentation along with providing
evidence of status in the United States. The closer the relationship
of the co-sponsor with you or your parents, the more believable
the affidavit of support will be to a consular officer.
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