Re: I-130 filed as an LPR now a citizen wants to upgrade I-130 will this reset the processing time?
1 attorney answer
I assume that the second petition was filed for the child. There was no reason to file a second petition for the spouse upon becoming a USC. For the pending spouse petition, I would have notified the USCIS by letter with a copy of the naturalization certificate and the 2nd preference petition receipt, asked for an upgrade from the 2nd preference to immediate relative, and proceeded from there. I would also file a second petition for the child because there are no derivative beneficiaries of an immediate relative petition and the child now needs his or her own petition. If by chance you refiled the spouse petition without filing a separate child petition, you'd need to do that now.
Scott D. Pollock
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