Q: Can USCIS change my category if my father becomes a citizen ?
Hello,My father is a LPR who applied for citizenship some time ago and USCIS sent his interview letter which is set for February 4 next month. My question is that when my father applied for I-130 for me, I was under 21 years old and now I am 23 years old but I am covered by CSPA. My case has been approved and waiting to be sent to NVC. If my father become a citizen before my process is done in NVC, can they change my category which F2A to F1 ? or can I keep my child status ? Because if my category changes, it would extend my process since F2A is current in the latest visa bulletin but other categories aren't.
My priority date : 03/03/2017
Approval date : 09/10/2019
I found an appeal case (Rodriguez Tovar v. Sessions) where this issue is addressed and they state that "An F2A beneficiary’s statutory age, and not his biological age, thus determines to which category his petition is converted upon his parent’s naturalization. "
A: The fact is it shouldn’t matter. F2A petitions are current. You should be able to file the visa application now. Sounds like you might need to help of an immigration attorney to get this going.
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