A recent question from one of our listeners raises an important issue for new U.S. citizens: What happens to a Green Card application for a child that was filed when the parent was a green card holder? Does becoming a U.S. citizen 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 becomes a U.S. citizen.
- If the child is under 21 years old:
- The Green Card application will automatically convert from the F2A category (which is for green card holders filing for their minor children) to the Immediate Relative category.
- This is great news because the Immediate 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 Immediate 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.
- If the child is over 21 years old:
- In this case, the situation becomes more complicated. For children over 21, the application would have originally been in the F2B category (for unmarried sons and daughters of green card holders over 21).
- Upon the parent becoming a U.S. citizen, the application will automatically 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 always result in faster processing.
F1 vs. F2B: Understanding the Visa Bulletin
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 various immigration categories. Surprisingly, in many cases, the F2B category can be faster than the F1 category.
For example, as of September 2024, the filing date for F1 applicants is January 1, 2017, whereas 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 category. 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 opportunity to make the request. It is important to be informed about this provision, especially 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 Bulletin 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 advice is key.
Conclusion: Stay Informed and Monitor Your Options
Becoming a U.S. citizen is a major milestone, 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.