Posted on May 19, 2013
If the petitioner becomes a US citizen and you (the visa beneficiary or the person being sponsored) is over 21, your visa category will change and you will be waiting for a longer period. On the other hand, if the petitioner is a US citizen, yoiu do not have to worry about your category changing even if you turn 21.
Your Visa Category Changes When You Do
When a Family-based petition is filed with the US Citizenship and Immigration Services, a receipt number is issued, priority date established for your specific category (based on documents sent and information on the petition form).
For example, if the petitioner is a green card holder who filed a petition for a minor son or daughter (below 21) the category is F2A. If the petitioner becomes a US citizen and the beneficiary (person being petitioned) remains unmarried and below 21, the category automatically converts to IR2 – minor child of a US citizen.
When the petitioner’s status (lawful permanent resident, US Citizen) changes; or when the beneficiary’s age, civil status changes, the visa category also automatically converts to the appropriate category.
When that happens, the waiting period could be shortened (as in the case from F2A to IR2) or delayed further (if the petitioner becomes a US citizen and the beneficiary is over 21 and married.
1. IR classification for minor child converts to F1 when child turns 21; or F3 when the child gets married regardless of age.
2. A child who turns 21 after the US citizen parent files the petition and issued a receipt number will remain a child even if he or she turns 21 provided he or she remains unmarried or single.
3. F2A category converts to F2B when the beneficiary turns 21; or the petition is automatically revoked if the beneficiary gets married while the petitioner remains a lawful permanent resident. In certain cases, the age of the child could be considered as being suspended under the Child Status Protection Act. There are specific cases that are being settled in Court so please call +632-634-8717for updates.
4. F2B category converts to F3 if beneficiary gets married after the petitioner becomes a US citizen.
5. F1 category converts to F3 when the beneficiary gets married. Conversely, an F3 petition converts to F1 petition if the beneficiary’s status changes to unmarried by virtue of the termination of the marriage.
6. Any family-based petition is automatically revoked when the petitioner passes away or dies. However, the beneficiary may request that the petition still be kept alive by seeking reinstatemement of the petition for humanitarian considerations.
If you need further information or assistance in a visa case that have changed automatically or could change if the petitioner or the beneficiary’s civil and immigration status changes, call the Immigrant Visa Center at +632-634-8717 or +63917-534-8472.
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