Can a person who is in the preference category live in the US?
While the cases in the preference categories can take a long time, there is no provision stating they can live in the U.S. while the visa petition is pending. If they independently qualify, they could possibly get a dual intent non-immigrant visa such as an H or L visa.
How to petition for preference relative to become US citizen?
You may file Form I-130 to petition for your relative online or by paper. Receive case status updates about your case and see complete case history; Respond to Requests for Evidence. If you already have a USCIS online account, sign into your account to get started.
How to convert from second preference to first preference?
Petitioner becomes a naturalized U.S. citizen: convert from Second Preference B/F2B to First Preference/F1. NOTE: If there is more backlog in the F1 category, the beneficiary may opt out of the automatic conversion and stay in the F2B category by sending a request letter to USCIS, NVC or U.S. Consulate.
How does preference category work for family visa?
Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:
When does a family preference petition become priority?
Upon approval of the petition, the petition’s filing date becomes the family member’s priority date and the family member is assigned to the appropriate visa preference category.
Can a F2A petition be transferred to an immediate relative petition?
However, the priority date cannot be ported from a family-based preference classification to an employment-based preference classification, or vice versa. For example, if a lawful permanent resident files an F2A petition for his spouse and later becomes a U.S. citizen, the F2A approval can be converted into an immediate relative petition.
When to file a new F3 visa petition?
In this situation, once the alien parent becomes a permanent resident, a new visa petition in the F3 category can be filed. If the child has turned 21 and no separate visa petition was filed for him/her, you (U.S. citizen petitioner) need to file a new, separate visa petition if you are the child’s natural or legal stepparent.
How to file an I-130 family preference petition?
The petitioner files an I-130 petition on behalf of the beneficiary with USCIS, and provides proof of the petitioner’s U.S. citizenship or lawful permanent resident status, and evidence of the family relationship, such as birth and/or marriage certificate (s).