F4 complicated

[munazzah]

Hi everyone,

Please guide me on what i should do.

My paternal uncle filed an f4 petition for my father back in 2007, while this has progressed over the years it has still not come to the interview stage as of yet. Now during the years in between, my sister got married to a US citizen and after getting her citizenship she too applied for the parents visa IR category which matured and was granted. so now my parents are legally US greencard holders via my sister's IR application. However the F4 petiton which is still underway waiting for interview. Is it possible for us (me n 1 younger sibling, who were initially supposed to accompany them under f4 category) to write a letter and submit for them to still consider us for the f4 visa?

Please help and reply soon

[newacct]

Technically, your father could do Consular Processing at a US consulate abroad for an immigrant visa again, and you guys can get derivative immigrant visas when that happens, if you have not aged out. He is allowed to do this without first filing I-407 to relinquish permanent residency.

See 9 FAM 504.10-3(C)(1):

DHS and the Department have agreed that an LPR is entitled to apply for and, if qualified, may be issued an IV in any other visa classification. For example, an immigrant who is admitted as a conditional immigrant may at some future date qualify for a visa in an employment-based category and thus be admitted in a non-conditional status. Do not require the applicant to relinquish their I-551 as a condition for issuance of another IV.

And 9 FAM 502.1-2(D).d:

d. Abandonment of LPR Status: There is no legal restriction preventing an LPR from obtaining another IV in a different preference status to confer derivative status on a spouse or child. There is also no requirement that the resident abandon their LPR status.

However, it might be easier for him to petition you as children of a permanent resident. You can have both ways run concurrently and see which one is faster.