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FILIPINO PARENTS: DO NOT BECOME A CITIZEN
IF YOU ARE PETITIONING AN ADULT SINGLE CHILD
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I was petitioned by my father in 1992, in the F-2B category (single
adult child of greencard holder parent). I am still single, but
my father became a U.S. citizen last year. The priority date on
my F-2 B petition is now current, and I have received papers from
the National Visa Center in connection with processing of my visa.
Since my father was a greencard holder at the time
he filed the petition, can I still be processed for a visa
in the F-2B category, as the single adult child of an immigrant?
Would it be OK to fill out all the papers, and indicate that my
father is still a greencard holder (and just not tell the Embassy
he has become a citizen)? If we do this, will there be any problems?
Very truly yours,
N.R.
Dear N.R.:
Your situation is very common in the Philippines (a parent becoming
a U.S. citizen while an F-2B petition is pending), and I would
like to point out to you (and to all other single adult children)
the following items:
1. If the petitioning parent becomes
a U.S. citizen while the F-2B petition is pending, that petition,
by law, automatically converts from F-2B (single adult child of
greencard parent), to F-1 (single adult child of U.S.
citizen). A new petition is not required, and you keep
the same priority date. However, several years will be added to
the waiting time for an immigrant visa.
2. The Philippines is the only country on Earth
where it takes LONGER for a single adult child
of a U.S. citizen to get a visa than it does for the
single adult child of a greencard holder. For example,
look at the June 2000 priority dates which are as follows:
| Category
|
|
Priority Date
|
| F-1 - Single Adult Child of U.S.
citizen |
|
April 8, 1988 |
| F-2B - Single Adult Child of Greencard
Holder |
|
February 15, 1993 |
As you can see, the priority date for single adult
children of greencard holders is ahead of the priority date for
single adult children of citizens by at least five years
(1993 versus 1988). Therefore, the parent should not
become a U.S. citizen, until the child gets his visa and enters
the U.S., or it will add at least five years to the waiting
time for the single adult child's visa.
3. The immigration status of the
petitioner is important not only at the time a petition is filed,
but also at the time the adult child undergoes consular processing.
Therefore, although your father was an immigrant when he filed
the petition, because he is now a U.S. citizen, your petition
automatically converted, and you are now considered to
be in the F-1 preference category, and must be processed in that
category. You can no longer be processed in the F-2B category.
4. You may have received documents from the National
Visa Center or Embassy only because they are not yet aware that
your father has naturalized, and their records still reflect
that he is a greencard holder. If your father has naturalized,
DO NOT claim that he is still an immigrant, in
an attempt to trick or fool the Embassy. I can almost guarantee
that the Embassy will discover this fact. For example, the new
affidavit of support (Form I-864) specifically asks the petitioner
(your parent), "Are you a U.S. citizen?" Your parent
has only two choices ² yes or no. If your parent is a U.S. citizen,
but puts down "no", your parent would be committing
perjury, inasmuch as the affidavit of support must be
signed under penalty of perjury and notarized. Does your parent
want to risk the crime of perjury?
5. The Consul, at your interview, may even ask
you if your parent is a citizen or immigrant. If you
lie, and state that he is still an immigrant (when, in fact,
he is already a citizen), the Consul may conclude that you are
committing fraud or misrepresentation, and deny your
visa on that ground. Therefore, even when the priority date
for single adult children of citizens would eventually become
current several years later, you could be denied your visa when
the time comes, because of previous fraud.
6. The Embassy routinely checks with the INS to
verify a petitioner's immigration status. (Remember, the INS
is on the Fourth Floor of the same building as the Immigrant
Visa Section. So, it is very easy for the Embassy to request
the INS to verify whether or not your parent has naturalized.)
Once they find out the truth, you could face a lot of problems.
7. If the parent has already become a U.S. citizen,
you need to let the National Visa Center and/or Embassy know
that fact, so that they can update their records and reclassify
you to F-1. Don't just simply ignore the notices you get from
the Embassy. This is because the Embassy may not have been informed
yet by the INS that your parent became a U.S. citizen. By not
responding to their notice, they may think that you are not
interested in the F-2B visa, and could cancel your visa
registration. By letting them know, they can update their records,
and you could still be processed in the F-1 category (a few
years later).
8. The above items apply only to adult
children of U.S. citizens (21 years of age or older).
If the child is under 21 years of age, then it is much
faster if the parent becomes a U.S. citizen.
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