Desi Talk

DESI TALK November 1, 2024 19 NPZ Law Group, PC Tel: 201-670-0006 x 107 Toll Free: 866-599-3625 www.visaserve.com Immigration Michael Phulwani David Nachman Ludka Zimovcak Snehal Batra In Memoriam By David H. Nachman, Esq What Happens to Your Child’s Green Card Application When You Become a U.S. Citizen? A recent question from one of our listeners raises an important issue for new U.S. citizens: What hap- pens to a Green Card application for a child that was filed when the parent was a green card holder? Does becoming a U.S. citi- zen expedite the process? Automatic Conversion Based on Age First, congratulations to the listener who has become a U.S. citizen! The answer to the question depends primarily on the age of the child at the time the parent be- comes a U.S. citizen. 1. If the child is under 21 years old: • The Green Card application will au- tomatically convert from the F2Acat- egory (which is for green card hold- ers filing for their minor children) to the Immediate Relative category. • This is great news because the Im- mediate Relative category has no wait time for visa availability, which means the process will move faster. • Even if the child is about to turn 21, they will still be treated as an Imme- diate Relative and will not age out of this category. This means the green card process will continue smoothly, and once they receive their green card, they may automatically acquire U.S. citizenship if they are under 18 and living in the physical and legal custody of the U.S. citizen parent. 2. If the child is over 21 years old: • In this case, the situation becomes more complicated. For children over 21, the application would have origi- nally been in the F2B category (for unmarried sons and daughters of green card holders over 21). • Upon the parent becoming a U.S. cit- izen, the application will automati- cally convert to the F1 category (for unmarried sons and daughters of U.S. citizens over 21). While this may sound like an upgrade, it doesn’t al- ways result in faster processing. F1 vs. F2B: Understanding the Visa Bul- letin Many people assume that moving to the F1 category will speed up the process, but this isn’t always true. It depends on the monthly updates in the Visa Bulletin, which outlines the waiting times for vari- ous immigration categories. Surprisingly, in many cases, the F2B category can be faster than the F1 category. For example, as of Sep- tember 2024, the filing date for F1 app l i c an t s is January 1, 2017, where- as the filing date for F2B applicants is September 1, 2017. This means that F2B applicants are actually ahead by almost a year. This fluctuation is something to monitor carefully. Opting Out of Automatic Conversion If your child is over 21 and you become a U.S. citizen, there is a way to opt-out of the automatic conversion to the F1 cat- egory. By filing an opt-out request with USCIS, the child’s application can remain in the F2B category, which might be faster depending on current visa availability. Unfortunately, many people are unaware of this option and may miss the opportu- nity to make the request. It is important to be informed about this provision, espe- cially if the F2B category is moving faster at the time. What Should You Do? For children under 21, the conversion to the Immediate Relative category is beneficial, and the process will likely be faster. However, if your child is over 21, you should carefully review the Visa Bul- letin and consider the opt-out option if it’s advantageous to stay in the F2B category. Immigration processes can be complex and change month to month, so staying informed and seeking professional ad- vice is key. Conclusion: Stay Informed and Monitor Your Options Becoming a U.S. citizen is a major mile- stone, and it can impact the immigration process for your children. Depending on their age, automatic conversions may be a positive development, but for older children, it’s important to understand the complexities of the F1 and F2B categories and take steps accordingly. If you have questions about opting out or need assistance with navigating your child’s green card application, NPZ Law Group is here to help. Contact us today for expert advice on your immigration case.