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  • prioity dates

    In 1994, I petitioned my two sons for a green card. At the time I was a legal resident, not a citizen, and my sons are Filipinos.
    The applications were approved and we were given a priority date of 15Feb1994. The processing date for that Priority date has come and gone with no action.

    During this past year I became a citizen. I was informed that citizenship would upgrade my sponsorship level. I had withheld citizenship for fear that it would interrupt my petitions.

    After my citizenship was confirmed, I was notified that my petitions had been upgraded from F2B to F1B however; the upgrade resulted in an additional 5 years wait time pushing my Priority Date back to July 1989.

    I requested that they withdraw the upgrade and leave my status as it was before becoming a citizen, (F2B) which I believe is my choice, and because the action date for my F2B had already passed. Also the Green Cards are almost ready to be issued and the Visa application has been sent to the Embassy in Manila. My question to them was "Why do you penalize me five years for becoming a citizen?"

    The response from the Visa Center was that they would consider my request to retain original status but were not sure if the Child Status Protection Act would apply. They further told me that there was no timeframe for this decision and that I should not contact them again as they would have no further information.

    It was my belief that my petition can remain as it was by my request and that the CSPA would have no bearing on my right to maintain original status.

    Do you have any suggestions to resolve this issue?

  • #2
    In 1994, I petitioned my two sons for a green card. At the time I was a legal resident, not a citizen, and my sons are Filipinos.
    The applications were approved and we were given a priority date of 15Feb1994. The processing date for that Priority date has come and gone with no action.

    During this past year I became a citizen. I was informed that citizenship would upgrade my sponsorship level. I had withheld citizenship for fear that it would interrupt my petitions.

    After my citizenship was confirmed, I was notified that my petitions had been upgraded from F2B to F1B however; the upgrade resulted in an additional 5 years wait time pushing my Priority Date back to July 1989.

    I requested that they withdraw the upgrade and leave my status as it was before becoming a citizen, (F2B) which I believe is my choice, and because the action date for my F2B had already passed. Also the Green Cards are almost ready to be issued and the Visa application has been sent to the Embassy in Manila. My question to them was "Why do you penalize me five years for becoming a citizen?"

    The response from the Visa Center was that they would consider my request to retain original status but were not sure if the Child Status Protection Act would apply. They further told me that there was no timeframe for this decision and that I should not contact them again as they would have no further information.

    It was my belief that my petition can remain as it was by my request and that the CSPA would have no bearing on my right to maintain original status.

    Do you have any suggestions to resolve this issue?

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