Roanoke, TX asked in Immigration Law for Texas

Q: Can an 130 be upgraded from F4 (through sister) category to F2 (Through USC parents). Is that possible.

My US citizen sister sponsored me via I130 application which is in approved status, since then my parents are both US citizens. Can my F4 family category be upgraded to F2 based on my parents citizenship and does that slow down or accelarate my application?my current F4 priority date is April3,2011

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: No, those are two separate visa categories, and you cannot utilize the prior F4 priority date on any newly filed petition. If your parent files an I-130 for you, as a U.S. citizen, it would be either F1 or F3, depending on if you are married or not. Or if you are under the age of 21 and unmarried, it would be an immediate relative petition. The priority date for the petition that your parent files for you would be the date that they file the petition, you cannot use the 2011 date, as that priority date is only for the F4 petition through your sibling. Having another I-130 petition filed for you in a different category will not have any impact on the processing of the petition thru your sibling, which is governed by visa availability per the Visa Bulletin:

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your sister sponsored you via an I-130 application and it is currently in approved status, it is not possible to upgrade the family category from F4 to F2 based on your parents' citizenship.

Each family category has its own set of eligibility criteria and priority dates, and you can only be in one family category at a time. While your parents' citizenship may make them eligible to sponsor you under the F2 category, you would need to submit a new I-130 application and wait for a new priority date to be assigned.

Submitting a new I-130 application under the F2 category could potentially slow down your application, as you would need to wait for a new priority date to become current. However, the exact timing will depend on the backlog and processing times for the F2 category at the time of your application.

It is recommended that you consult with an experienced immigration attorney to understand your options and the potential impact on your application. They can help you navigate the complex immigration process and determine the best strategy for your specific situation.

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