Home Immigration Lawyer Improve an I-130 Petition After Naturalization

Improve an I-130 Petition After Naturalization

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In case you beforehand filed an I-130 petition on your partner and/or minor kids while you have been a everlasting resident, you possibly can improve the petition in case you’ve now develop into a U.S. citizen. For the partner and/or kids of a lawful everlasting resident, the await an immigrant visa (inexperienced card) could be prolonged. After the submitting Form I-130, Petition for Alien Relative, partner and kids of a lawful everlasting resident will wait a number of months to years. In some conditions the wait could be very lengthy. In case you improve an I-130 petition after naturalization, your petition will get expedited as a result of there isn’t a numerical restrict.

In lots of circumstances, one member of the family is ready to acquire everlasting resident standing in the USA, however should go away behind a partner and/or kids within the house nation. Upon arriving within the U.S. and changing into a everlasting resident (inexperienced card holder), she or he could petition these relations to immigrate with Type I-130, Petition for Alien Relative. Nevertheless, the wait time can take a number of years. If that everlasting resident turns into a U.S. citizen, she or he could improve the I-130 petition and velocity up the immigration course of.

Benefit of Upgrading an I-130 Petition

As a U.S. citizen, your partner and single kids (beneath age 21) have inexperienced playing cards instantly out there to them. That’s as a result of there isn’t a numerical restrict of immigrant visas out there to immediate relatives of U.S. citizens. So even in case you already filed a petition on your relative(s), your standing as a U.S. citizen will streamline the inexperienced card course of.

When a everlasting resident petitions a partner and/or minor kids, the wait to get an immigrant visa (inexperienced card) could take a number of years. That’s as a result of they fall into family preference categories. The partner and single kids beneath age 21 (together with step kids) of a U.S. citizen are eligible instantly to get everlasting residence. Their visa class shall be upgraded from household second desire (F2) to quick relative (IR).

Tips on how to Improve an I-130 Petition

If you naturalize as a U.S. citizen and have a pending Type I-130 for a relative, USCIS doesn’t routinely improve your relative’s precedence. It’s essential to actively inform the immigration companies of the change in immigration standing.

Typically, it isn’t essential to file a brand new petition or pay one other price. You possibly can merely write a letter to the suitable immigration company. Nevertheless, in case you’ve petitioned a partner with a minimum of one youngster collectively on the identical petition, you will need to file new petitions for the youngsters. Skip under to Child’s I-130 Petition.

In case your I-130 petition is pending (not but permitted)…

A pending I-130 petition remains to be being reviewed on the workplace the place it was submitted. Due to this fact, you’ll must lookup the tackle of the service middle the place you mailed your preliminary Type I-130. You will have to ship proof of your U.S. citizenship. Submit the next paperwork:

  • Proof of U.S. citizenship
    Examples of acceptable paperwork embrace a duplicate of the biodata web page of your U.S. passport or a duplicate of your certificates of naturalization.
  • Proof of a pending I-130 petition
    Submit a duplicate of the Type I-797C, Discover of Motion (receipt letter) that was mailed to you by USCIS that signifies your I-130 petition was accepted.

Mail the proof with a canopy letter to the identical USCIS service middle that you just mailed your I-130 petition.

If in case you have extra questions that require assist, contact USCIS at (800) 375-5283.

In case your I-130 petition has already been permitted…

An permitted I-130 petition is forwarded to the Nationwide Visa Middle (NVC). You’ll must direct your improve request to the NVC. You are able to do this by sending proof of your U.S. citizenship to the NVC. Scan and submit one of many following paperwork:

  • U.S. Passport
    Submit a duplicate of the biodata web page of your U.S. passport.
  • Certificates of Naturalization
    Submit a duplicate of the Certificates of Naturalization you obtained after naturalizing as a citizen.

Save the doc as a PDF or JPG file. Then, ship it as an attachment to the NVC Public Inquiry Form.

If in case you have extra questions that require assist, contact the Nationwide Visa Middle at (603) 334-0700.

Pattern Letter to Improve an I-130 Petition

sample cover letter to upgrade an i-130 petition

It’s necessary to incorporate a canopy letter when mailing objects to USCIS to improve an I-130 petition. The letter could be easy, however it must state clearly that you just need to improve an I-130 petition and a abstract of the proof that’s enclosed.

It’s important that you just embrace the next items of data in your letter:

  • Case Quantity: Your case quantity (additionally referred to as receipt quantity) is situated throughout the I-797C Discover of Motion that you just obtained after submitting the I-130 petition.
  • Title of Petitioner: You (the one that filed Type I-130) are the petitioner.
  • Title of Beneficiary: Your relative (the particular person whom you might be petitioning) is the beneficiary.

If you mail the letter, don’t neglect to incorporate the proof (naturalization certificates or Discover of Motion) as defined within the earlier part.

What Occurs Subsequent

After you improve an I-130 petition, your case will transfer way more rapidly. As talked about beforehand, there’s an infinite variety of visas out there for the quick relations of U.S. residents. In case your partner and/or kids are presently outdoors the USA awaiting immigration, the Nationwide Visa Middle will inform the U.S. Embassy workplaces inside your loved ones’s nation. Your loved ones can proceed instantly to being interviewed for his or her immigrant visas.

RECOMMENDED: What Happens After Filing Form I-130, Petition for Alien Relative

If your loved ones is already in the USA (and eligible to use for a green card through adjustment of status), they’ll file particular person Type I-485 functions instantly. On this situation, the case may very well be upgraded by submitting Form I-485, Application to Adjust Status, with a canopy letter, a duplicate of your naturalization certificates and proof of submitting or approval of the I-130 petition.

Baby’s I-130 Petition

In case you improve an I-130 petition on your partner, and also you didn’t file separate petitions on your minor kids while you have been a everlasting resident, you will need to accomplish that now. That’s as a result of a baby can’t be a spinoff on a right away relative (IR) petition. The kid should have his/her personal I-130 petition. That is in distinction to the household second desire (F2) petition, which incorporates minor kids as “derivatives” of the dad or mum. This can be a bit complicated. What’s necessary is that every quick relative has an I-130 petition filed on his/her behalf.

upgrading a child's i-130 petition

Your partner is roofed within the preliminary I-130 petition that was filed. You do not want to file a brand new petition on your partner. Nevertheless, you will need to file separate visa petitions for every youngster, so long as they proceed to be single, beneath age 21 and are your pure kids or authorized stepchildren. It will delay your case barely, however the approval course of shall be fast (a number of months) provided that they’re quick relations. Your partner and kids will have the ability to immigrate collectively.

What when you’ve got a baby born overseas after you develop into a U.S. citizen? Your youngster could also be a U.S. citizen at beginning. It’s possible you’ll apply for a U.S. passport on behalf of your youngster. The consular officer will decide whether or not your youngster is a U.S. citizen and could be granted a U.S. passport. If the officer determines your youngster isn’t a U.S. citizen, you will have to file one other I-130 petition.

RECOMMENDED: Petition a Child for a Green Card

Adjustment of Standing Possibility

If the beneficiary partner and/or youngster are presently in the USA, they might be eligible to regulate standing to everlasting resident standing. Adjustment of status is the method of making use of for a inexperienced card from inside the USA. It’s an alternative choice to consular processing for sure beneficiaries. When the quick relations entered by means of a lawful entry, they’ll sometimes file Type I-485, Utility to Regulate Standing, to develop into inexperienced card holders.

Even in case you initially anticipated that the immigration would undergo consular processing, this may be switched to adjustment of standing. The beneficiaries merely file an adjustment of standing utility package deal. Embrace a brief cowl letter explaining that the petitioner has develop into a U.S. citizen and the beneficiary has opted to regulate standing as a substitute of making use of by means of a U.S. embassy overseas.

The standard adjustment of standing package deal contains the
following types:

  • I-485, Utility to Regulate Standing
  • I-944, Declaration of Self-Sufficiency
  • I-864, Affidavit of Help
  • I-693, Report of Medical Examination and
    Vaccination File
  • I-765, Utility for Employment Authorization
    (non-obligatory)
  • I-131, Utility for Journey Doc
    (non-obligatory)

Supplied that you’ve already filed an I-130 petition for the beneficiary, you received’t should file it once more. Verify to see the adjustment of status costs and forms on your scenario.

About CitizenPath

CitizenPath supplies easy, inexpensive, step-by-step steering by means of USCIS immigration functions. People, attorneys and non-profits use the service on desktop or cellular machine to organize immigration types precisely, avoiding expensive delays. CitizenPath permits customers to strive the service without spending a dime and supplies a 100% money-back assure that USCIS will approve the appliance or petition. We offer assist for the Affidavit of Support (Form I-864), Petition to Help a Relative Obtain a Green Card (Form I-130), Adjustment of Status Application (Form I-485), and several other different USCIS forms.

Observe to Reader: This submit was initially revealed on Could 1, 2018, and has been modified with enhancements.

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