Should my brother (citizen) or my mom (resident) petition? - Page 4

No. My mom(Citizen) petitioned for me and I'm over 21. The waiting line for those who under 21 is just much faster.

For example: Processing time for Petition for Alien Relative (I-130) at California Service Center



So i fall under 2nd line. In best case scenario i have to wait 6 years.

If i was under 21 it would take less than a year.

Wow. Thanks Outsider626

Awhile ago, my mom asked a lawyer about me when my mom was completing her steps to become a citizen with this lawyer and basically the outcome of the conversion described to me was that it was not possible for me... I had always assumed it was because I was over 21.... (originally when my mom become a PR my sister got GC as she was under 21)

I checked USCIS site and saw this for requirements for immediate relative...USCIS says the following requirements:

• Spouse of a U.S. citizen
  
• Unmarried child under the age of 21 of a U.S. citizen
  
• Parent of a U.S. citizen who is at least 21 years old

So based on the above from the "Green Card for Immediate Relatives of U.S. Citizen
" I thought we would be disqualified. https://www.uscis.gov/green-card/gre...ves-us-citizen

I guess it's a mistake on their website. Open instructions for form I-130. You will see there that:



I also consulted with my sister who is an immigration attorney just to make sure. She told me she had many clients who petitioned for their kids who were over 21 and they all got a Green Card.

So based on all the information you provided me and if you are not married than she can petition for you.

Thank you

Your petition would get automatically upgraded from F2B to F1 upon her naturalization. You can also send a letter to the NVC that you wish to remain in F2B and decline the upgrade. It's good in cases where F1 would put you behind.

No. But your age and marital status, as well as legal status of your parent will determine which category you get placed into:
Under 21, unmarried, child of USC: IR
Over 21, unmarried, child of USC: F1
Under 21, unmarried, child of LPR: F2A
Over 21, unmarried, child of LPR: F2B
Any age, married, child of USC: F3
There is no category for married children of LPRs.
So you can be a 50 year old divorced child of an LPR and get petitioned into F2B.

Thank you! I’m just wondering, will I lose my priority date though?

You can only lose a priority date if you're a child of an LPR and marry, which basically ends up killing the petition.

Age out of F2A you get converted to F2B.
Parent naturalizes you get converted from F2A or F2B to IR (if under 21) or to F1 (if over 21)
You marry (child of USC only) you get converted from IR or F1 to F3.
Your marriage ends by any means (divorce/death/annulment) you get moved from F3 to IR (if under 21) or F1 (if over 21).
It's not possible to age out of IR.

If you're talking about some other petition someone filed for you, you will keep that priority date, but it can't be transferred to the new petition by parent.

I don’t think you’d lose your priority. I think you’d probably be bumped up instead. The notary who’s been helping us out told us we should submit another application after my mom becomes a citizen but that won’t be for another 5 years.

This is very concise. Thank you very much! So let's say I did not marry but fathered a child. Does that move me up to F3 as well?

Nope.