AUS

Hi to you all ,
Since a week I am USC and I want to bring my son to USA. I petitioned for him when I was a permanent resident and the petition was approved. Now my son is going to change his preference from 2B to 1. He wants to get married soon too and when I browsed a couple of sites I get the impression that my son can immigrate together with his future wife. After the marriage we can send the Certificate to NVC and they will switch the preference from F1 to F3, right? I talked to a lawyer too and she was not sure if my son is going to keep the petition after the marriage because the petition was filled by a permanent resident not by USC, so NVC can cancel the petition and make me fill it again this time for the married son over 21 of USC. Is that right? As I said I browsed a couple of sites and read a lot of info and I am not sure that the lawyer is right? In my way, my son is waiting for a visa number and is 2B, I send the NVC my Certificate of Naturalization and my son gets F1 category, he marries - send Certificate of Marriage and gets F3. Who is right - me or the lawyer?/I have a suspicion that she wants more money/

Thanks to all of you!

Folinskyinla

Hi:

Of course the lawyer was right -- she said she was "not sure" and therefore could not give a good answer to your question. That is an honest approach.

Rules: Son/daughter automatically goes from FB-2 to FB-1 provided they have not married before parent's naturalization. Once parent is naturalized, then marriage of son/daughter causes switch from FB-1 to FB-3. Termination of marriage would then cause change back to FB-1.

Please note that the above discussion does NOT include the effect of Child Status Protection Act if applicable.

AUS

Hi Folinskyinla,

Thanks for the quick response!

But by what you wrote I assume that I am right and the lawyer is not - she said that she is almost sure that my son will lose his petition because it was filled by a resident. However, a permanent resident does not have the right to petition for a married son over 21, therefore, my son cannot switch from FB1 to FB3, which sounds insane for me because now I am a citizen. Thanks again! Have a nice day!

meauxna

You are already a US citizen.
And your petitioned son is not yet married.

Folinskyinla

Hi:

You originally said the attorney wasn't sure -- you've now changed it somewhat.

FWIW, this scenario is actually a FAQ on the immigration lawyer chat boards -- coming from the younger attorneys. BTW, there was a change in this regime in the 1997 amendment to the regulations which passed "under the radar" -- and I was giving advice under the old regulations and the former INS was following the old regulations. I had a young lawyer once ask me for the cite -- I KNEW it was there because I could visualize the page -- when I could not find it, I pulled out an old paper copy of the regulations from 1992 -- and there it was.

BTW, was this an "in-office" consultation [perhaps paid] or was it just a telephone chat. I know that after the above thing 10 years ago, I've gotten a lot more cautious in giving off the top of my head "advice" -- which shows on this forum.

AUS

So, the answer is:..............?!??????

May be I must make my question clearer!

It is about a petition I filled when I WAS a RESIDENT. Meanwhile the petition was approved. 10 days ago I became a USC. As far as I know, now, when I send the Certificate of Naturalization the petition will be upgraded from F2B to F1. My son will get married soon afterward. Therefore his F1 preference will switch to F3.

THE QUESTION IS:
Having in mind the above written i.e. that the petition was sent when I was a RESIDENT, IS IT POSSIBLE THE SWITCH FROM F1 TO F3 BE CANCELED, THE PETITION OF MY SON OVER 21 WHO IS GOING TO GET MARRIED BE CANCELED on the grounds that this petition had been filled originally by a PERMANENT RESIDENT who lately became US CITIZEN?


Thank you!

AUS

Hi again Folinskyinla,

I did not quiet understand your answer except that I assume that you feel offended as a laywer. But no offence was meant, I have just some strong feelings about this laywer because until this conversation she was absolutely sure that we must send the two Certificates (of Natiralization and of Marriage) and this will do in our case. BTW, it was a telephone consultation which most probably would end with paid consultation /such was the arrangement/, it could not be face-to-face because of the simple reason that we live in different states. Until our conversation before the last she was pretty sure she could do the case. Now, during our last conversation, she was not so sure about that, even more, she was almost sure that it will end with a cancelled petition. I hope, you understand my disappointment and frustration. And once again no offence meant!

meauxna

No need to yell at me; it seems clear when I read the visa bulletin.

Basically, re-read MrF's answer. No one can give you a definitive answer on this; consider paying for a consultation (with someone current on the regs, lol).

AUS

It is not yelling! I just highlighted the important stuff. I just want my family with me! We were separated for 5 years!

Thanks again! Can you recommend a good immigration lawyer in Denver, CO? I appreciate the answers of both of you! Greetings, AUS

Noorah101

Try www.ailalawyer.com to find one in your area.

Rene

Folinskyinla

Hi:

A common evidentiary objection to a question -- "Asked and answered." I told you the rules -- you know the facts.

Folinskyinla

Hi:

I'm not offended. I often say that "I don't know" or "I'm not sure."

My little story was to point out that immigration lawyers have OUR chat rooms where we pick each other brains -- and the scenario you have is an FAQ -- e.g. a common cause of confusion. BTW, another point often missed [once] by attorneys, other chat posters and Government officials is that there is no "derivative" immediate relative status.

I often have to chart this out, and I like to see the documents in front of me.

BTW, the changes occur as a matter of law [e.g. you don't have to do anything if you don't care to]. It is just a very good idea to let the NVC know that there has been a change.

christmasoompa

You obviously didn't mean it that way but just for future reference, typing in capitals on an internet forum is considered 'shouting' (aka yelling!).

Folinskyinla

Hi:

Laura Lichter.

AUS

Lichter, Laura L. Esq.
1601 Vine Street
Denver, CO 80206
Phone: (303) 554-8400
Fax: (303) 554-8099

Is this the lady?

Thanks again!