Filing for parents and then

[C4Racer]

Okay, my wife has decided to file for US citizenship so she can bring her parents here soon. I have heard of others filing for parents when being an LPR and changing priority date once they become a USC. How does one go about doing this?

 

I want to file for her parents now. But just how do we change the priority date once she is a USC? I don't want to get caught not being able to do this...

[Randy W]

No - your priority date stays the same, but the waiting period is cut almost in half. I think you need to send in one of the I- forms. I'll see if I can't find it.

[dnoblett]

An LPR can only file for a Spouse or their children.

 

Only after becoming a US Citizen can a person file an I-130 for a parent.

 

I-130 instructions page 1:

Who May File Form I-130?

 

1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

 

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older;

D. Your married son or daughter of any age;

E. Your brother(s) or sister(s) (you must be age 21 or older);

F. Your mother or father (you must be age 21 or older).

 

2. If you are a lawful permanent resident of United States, you may file this form for:

 

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

http://www.uscis.gov/files/form/I-130instr.pdf

 

Who an LPR can file for is quite limited, per #2 above.

 

What you may have read is if an LPR filed for Husband/Wife or Child, they can contact NVC and inform them of immigrations status change when they become a US citizen, and at that point they can get the priority changed on their Spouse or Child's petition.

 

http://travel.state.gov/visa/immigrants/ty...types_1306.html

 

Also from form I-130:

Who May Not File This Form I-130?

 

8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

 

So this eliminates US citizen spouse from filing I-130 for an in-law.

 

My Yu asked about this some time ago and she wanted to know when she could file for her mother, or sister, and that can only be done after she first becomes a US Citizen.

Edited July 11, 2008 by dnoblett (see edit history)

[C4Racer]

Thanks Dan, that clears it up.

 

I guess we'll just have to wait for now.