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GC holder Now citizen wants to upgrade pref category for now married sons

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  • GC holder Now citizen wants to upgrade pref category for now married sons

    My Aunt submitted I-130 for her two sons for immigration to US in 2002. The applications were approved and are waiting for Visa priority date (Preference category: F2B - Unmarried Sons & Daughters of Permanent Resident). At the time she was a green card holder and both sons were unmarried.

    She recently has become a US Citizen and her two sons each have since become married and have had children.

    What is the best course of action for her to upgrade the preference category and get immigrant visas for her two sons and now their families in the most expeditious manner?

    Many thanks in advance for any guidance!

  • #2
    If they got married before your aunt became a citizens, the petitions are voided/cancelled.

    She will have to re-file an I-130 for each, under the new category and perhaps they may be able to retain the priority date, but i doubt it.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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