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I was petitioned by my mom as single adult child of LPR, my mom got her US citizenship last month and she's planning to upgrade

Saipan, MP |
Filed under: Green cards

My petition to single adult child of US citizen, do you think this will help..or is there any chance to move my petition a little bit close to the line? Or better to stay with adult child of LPR?

Attorney Answers 3


First, no upgrade is needed. it is done by operation of law. Second, I recommend you check the priority date and it is posible that your mom would need to send an opt out letter to USCIS and ask them to keep the FB2 priority instead of FB1.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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As soon as she naturalized, your petition automatically converted to the F-1 category. Take a look at the State Department Visa Bulletin to see whether this will shorten your waiting time. It depends upon your country of birth, although you can always "opt-out" of the F-1 category if it is a longer wait than the F-2B category.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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