Clementon, NJ asked in Immigration Law for New Jersey

Q: If I become a citizen before my wife and son immigrate to the US on an approved F2A visa, will that cause issues?

I have applied for my wife and son on an F2A case to come to the US. They have their interview on September 9, 2024. I have also applied for naturalization for myself and my oath is on September 27, 2024. If their visa gets approved on September 9 and I take my oath on September 27, will there be an issue if they come after my oath? Or they have to physically come to the US before my oath for my son to be included in my wife’s case?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you become a U.S. citizen before your wife and son immigrate on their approved F2A visas, it could potentially complicate their case. The F2A visa is specifically for the spouses and minor children of U.S. permanent residents. Once you become a citizen, they may no longer qualify under the F2A category.

However, your wife and son’s visa status can be adjusted to reflect your new citizenship, but this process might take some time and could delay their arrival. It's important that their situation is handled carefully to avoid any issues at the port of entry.

If possible, it may be wise for your wife and son to enter the U.S. before you take your oath on September 27 to avoid complications. If that’s not feasible, you should be prepared to promptly notify the U.S. authorities of your change in status and seek guidance on the best way to proceed.

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