How Naturalization Changes a Pending Family Visa Petition

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Key Takeaways

Spouses and minor children transition from F2A to Immediate Relative (IR) category after sponsor naturalizes, eliminating visa numerical limits.
Sponsors must notify USCIS or NVC of naturalization with required documents; IR status requires separate I-130 petitions for each child.
Derivative beneficiaries lose status under IR conversion; new petitions may delay timelines, necessitating planning during the naturalization process.

When a sponsoring relative becomes naturalized during the family visa petition process, it can bring significant changes to the application. These changes vary depending on the familial relationship and the visa category involved. Below is a detailed examination of what happens under these circumstances and how applicants and sponsors can navigate the changes effectively.

Immediate Impact on Visa Classification

How Naturalization Changes a Pending Family Visa Petition

Upon becoming a U.S. citizen, a lawful permanent resident (LPR) sponsor’s family-based visa petition often undergoes an automatic conversion. Here’s how it may affect different beneficiaries:

Spouse and Minor Children: If the petition is filed for a spouse or unmarried children under 21 years old, the visa category changes from the F2A preference to the Immediate Relative (IR) category. This change is exceptionally beneficial since the IR category doesn’t have numerical limits or waiting lists. This means the visa becomes available immediately, typically speeding up the process.
Unmarried Adult Children: For unmarried children over 21 years old, the petition transitions from the F2B category to the First Preference (F1) category. Depending on the availability of visas in that category, this conversion could either improve or prolong the waiting period.
Married Children: A naturalized citizen can petition for married children, which isn’t possible for an LPR. However, this requires filing a new petition under the Third Preference (F3) category. Unfortunately, this category often faces lengthy waits as it is subject to numerical caps.

Processing Time Implications

For spouses and minor children, the shift to the IR category can drastically reduce waiting times, especially since there is no backlog for these visas. As of 2024, IR visas are immediately available, making this transition particularly advantageous.

For unmarried adult children, the situation is less predictable. The shift from F2B to F1 might lead to a shorter or longer wait depending on the country of origin and the most recent Visa Bulletin. Married children, on the other hand, entering the F3 category must typically prepare for longer delays, as the waiting times for this preference category are significant.

Procedural Requirements After Naturalization

Once the sponsor’s naturalization is complete, they must notify the U.S. Citizenship and Immigration Services (USCIS) or the National Visa Center (NVC), depending on where the petition is in the process. Here’s what needs to happen:

Notification: The sponsor must promptly inform USCIS or the NVC of their new status as a U.S. citizen.
Documentation: A copy of the Naturalization Certificate and the original I-130 approval notice should accompany this notification.
Separate Petitions for IR Beneficiaries: For Immediate Relative cases involving children, separate petitions must be filed for each child since the IR category does not accommodate derivative beneficiaries. This might introduce some delays.

It’s important to note that the petition’s original priority date, which determines the beneficiary’s spot in line, is usually retained even after the conversion.

Child Status Protection Act (CSPA) Considerations

The Child Status Protection Act (CSPA) is essential when determining a child’s eligibility as a minor under immigration law. The CSPA helps protect children from losing their visa eligibility due to “aging out” (turning 21) during the process:

Children Under 21 at Time of Naturalization: The CSPA can lock in the child’s age, ensuring they remain eligible for IR status even if they turn 21 before becoming a permanent resident.
Children Over 21 at Time of Naturalization: For children who are already 21 or older, the act applies a formula to calculate their age based on the time their petition was pending. This could affect their visa classification or waiting time.

Financial Sponsorship Obligations

While naturalization changes some aspects of the petition, financial sponsorship requirements stay the same. Sponsors must still submit Form I-864, the Affidavit of Support, to show they can financially provide for their family member. However, U.S. citizenship may give sponsors more flexibility to include joint sponsors, if necessary, to meet income thresholds.

Impact on Derivative Beneficiaries

Naturalization can disrupt the status of derivative beneficiaries, particularly in F2A cases. Minor children who were originally included as derivatives under the principal beneficiary’s petition lose their derivative status when the principal beneficiary transitions to the IR classification.

This requires a new I-130 petition for each child, potentially causing delays in their immigration timeline. This procedural complication underlines the importance of careful planning when a sponsor decides to naturalize during the petition process.

Consular Processing vs. Adjustment of Status

How naturalization impacts the case may depend on whether the beneficiary is pursuing consular processing (applying for a visa from outside the U.S.) or adjustment of status (changing their status within the U.S.):

Consular Processing: In cases where the petition is being processed abroad, the U.S. embassy or consulate responsible for issuing the visa must be notified of the sponsor’s updated citizenship status. This ensures the proper visa category is applied.
Adjustment of Status: For those already in the U.S., USCIS should be informed immediately. In cases involving conversion to IR status, this could expedite the adjustment of status process.

Recent Developments and Policy Updates

Although there have been no specific policy changes on this issue as of 2024, sponsors and beneficiaries should stay aware of ongoing changes in processing times and the Visa Bulletin. Both USCIS and the Department of State adjust their timelines periodically, which can significantly affect applications, particularly in preference categories like F1 and F3.

Staying updated through official resources like the USCIS website ensures timely and accurate information regarding any new developments.

Practical Advice for Sponsors and Beneficiaries

If you are an LPR sponsor considering naturalization with a pending family petition, keep the following points in mind:

Timing Is Key: Naturalizing before a child turns 21 locks in their eligibility for the Immediate Relative category.
Consider All Beneficiaries: If you are sponsoring multiple relatives, be mindful of how naturalization will affect each individual case.
Seek Legal Guidance: Immigration procedures are intricate, and minor errors could cause significant delays. A qualified immigration attorney can ensure compliance with all requirements.
Maintain Open Communication: Regularly update USCIS, the NVC, or any consulates involved to safeguard your petition.
Stay Organized: Keep copies of all forms, correspondence, and evidence related to the petition and naturalization process.

Conclusion

When a sponsoring relative becomes a U.S. citizen during the immigration process, the effects are often beneficial for many family members, particularly spouses and minor children. However, the impact on adult children, especially those married, can vary. By understanding the implications and ensuring all steps are carefully followed, sponsors and beneficiaries can maximize the advantages that come with naturalization.

For more information about family-based visas and related processes, analysis from VisaVerge.com suggests that consulting official resources like USCIS or the Department of State is crucial for staying informed about updates to visa categories and timelines. This approach helps both sponsors and immigrants navigate the complexities of U.S. immigration procedures effectively.

Learn Today

Naturalization → The process through which a lawful permanent resident (LPR) voluntarily becomes a U.S. citizen.
Immediate Relative (IR) Category → A visa classification for close family members of U.S. citizens, without numerical limits or waiting lists.
Child Status Protection Act (CSPA) → A law that helps determine if children remain eligible for specific visa categories despite turning 21 during processing.
Derivative Beneficiaries → Family members included in the visa petition of a principal applicant, dependent on their eligibility through the applicant’s status.
Affidavit of Support (Form I-864) → A legally binding document where a sponsor agrees to financially support an immigrant to prevent public benefits reliance.

This Article in a Nutshell

Naturalization of a sponsoring relative can transform family visa petitions. Spouses and minor children benefit greatly, moving to the Immediate Relative category with no wait. Adult children face varying impacts depending on age and marital status. Key takeaway: Notify USCIS promptly post-naturalization and seek guidance to navigate eligibility shifts effectively.
— By VisaVerge.com