Reverting to the F2b llne from the F1 line

[True Blue]

I thought I read somewhere where a U.S. Citizen petitioning to bring a relative to the US, could have a one time election to have the relative considered to be in the F2b line (adult children of green card holders) instead of as an F1 (adult children of U.S. Citizens) .

 

Currently, relatives of US citizens petitioning for adult unmarried sons and daughters have an additional 1 year wait for a visa slot and an additional 14 month wait in the date for filing applications as compared to green card holders. Years ago, my wife filed a petition to bring her adult daughter to the US. She worked hard to subsequently become a citizen with the hopes it would lessen the time her daughter would have to wait (which was true at that time) and filed a notification to adjust her petition proudly including her new naturalization documents with USCIS.

 

Since then the tables have turned and now there is a 12 to 14 month additional wait for US Citizens to bring over their adult unmarried children compared to had she remained a green card holder.

 

She now very much regrets becoming a citizen, since in her eyes U.S. Citizens are treated worse than green card holds and in her eyes both groups are treated worse than illegal aliens. She also points out that she would not have had to pay for Chinese VISA fees each year (she just paid for an annual visa a week before the new 10 year visa came out) she returns for a visit had she not remained a green card holder and not become a citizen. She blames all of this on (....wait for it....but I am guessing that you already knew the answer) .... me, since at the time she filed, relatives of U.S. Citizens were given preferential treatment in the immigration line. Now green card holders hold a 12 to 14 month advantage (depending on which Visa Bulletin chart you are using - visa slot available or advanced filing date and the gap is becoming larger in favor of green card holders with each and every month.

 

Could someone direct me to the procedure for doing the one time change? I tried to find it earlier without success, but I am getting older and dumber, I guess. At least, I think that is the wife's view

 

Thanks for any help.

 

Best,

 

TB

Edited October 9, 2015 by True Blue (see edit history)

[True Blue]

I may have been able to answer my own question. Though I do worry as advice on other visa and immigration web sites is not in any way as knowledgeable or as accurate as it is here

 

see reply #5 here http://www.immihelp.com/forum/showthread.php/149617-Family-visa-F1-not-moving-how-long-to-opt-out-to-F2b and also see here http://forums.immigration.com/threads/opt-out-of-the-f1-category-to-f2b-since-f2b-is-now-current-jackolantern-help-please.317515/. I'm not sure this is still current but it is worth checking on however it appears to only work if the child was under 21 at the time of initial filing. http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/cspa_30apr08.pdf

 

Here is a 2015 article from the Manila Times discussing this issue and the impact on Philippine immigration (which I realize is different than China which very often tends to move in lock step with India) but the article discusses the issue and explains it pretty well http://www.manilatimes.net/the-race-to-the-us-embassy-gates/169607/

 

In any event, if it is possible to switch lines, it appears this is a decision that needs to be held off for as long as possible as once you submit a request to be treated as a F2B , it appears you cannot revert to F1 line again should that line speed up in the interim. In other words, it's not like looking for the shortest checkout line at the grocery store.

 

I am going to contact our local immigration office to discuss and to see if there is a way to move back into the green card holder line. If not, I will ask if my wife should renounce her citizenship to see if that would work. She would actually do this just to save paying for her Chinese Visa fee Also as I have tried to introduce her to the nuances of American politics I can't say she's not thrilled wit one of the biggest rights of a US citizen - the prospect of "voting".

 

Sadly, one of our private jokes is "old country, one party, no choice,....... new country, two parties, no choice"

 

If anyone knows any more about switching or I guess it is called writing a letter to "opt out" of the conversion from F2B which was the status when the petition was filed to F1 please post something here.

 

Thanks

TB