I applied for my unmarried son over 21 in 2006. But in 2008 he got married And now I got Citizenship in 2013.

Asked over 1 year ago - South Richmond Hill, NY

I applied for my son who is in India in 2006 on Green Card. But in 2009 he got married and has a son also.
I just got Citizenship in 2013 and when we send the letter to change the petition as Citizen applying for her son we got a letter stating that visa is available for him.
But our concern is how can we add his wife and his son in the same petition? Do I need to send another letter or file another I-130 and request for same priority date?

Attorney answers (3)

  1. Alena Shautsova

    Pro

    Contributor Level 20

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    Lawyers agree

    5

    Answered . After marriage, your son's category has changed. Unless he gets divorced, he will have to wait for the priority date to become current. According to the latest Visa Bulletin priority date for married sons in F3 category is 22JUL02.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . You did not inform the Service so the visa that is available for him is in that category. The problem is that when he got married she dropped out of the FB2B category. Now that you are a citizen he qualifies for FB3 category but I am not sure he will be able to retain the old priority day.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Geoffrey Alan Hoffman

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . Certain petitions will automatically convert but retain their original priority dates. The answer is found in 8 CFR 204.2(i). For explanation of this issue you can consult The Sourcebook by Kurzban page 1006 (13th ed). I would of course not try to handle this yourself but add his wife and son by consulting with an excellent immigration attorney to help you ASAP.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more

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