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NEW HOPE FOR FILIPINO ADULT CHILDREN WHOSE PARENTS NATURALIZED
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
My father petitioned me as an adult single child
(F-2B) of a green card holder. While waiting for my priority date
to become current, my father became a U.S. citizen with the thought
I could get my visa faster. My petition was then reclassified
as adult single child of a U.S. citizen (F-1). Unfortunately,
we later found out that if a child is from the Philippines, the
wait is longer for petitions of U.S. citizens for their adult
children, than it is for petitions of green card holder parents.
Now that my father is a citizen, I have to wait many additional
years for my visa, than had my father remained an immigrant. Is
there hope for me?
Very truly yours,
VA
Dear VA:
By law, if a green card (immigrant) parent naturalizes
while he or she has a single adult child with a pending F-2B petition,
that F-2B petition automatically converts to that of unmarried
son or daughter of U.S. citizens (F-1 category). Unfortunately,
because of the huge number of single adult Filipino children under
petition by their U.S. citizen parents, it takes many years longer
for their visas to be processed, than if the parent remained an
immigrant.
For example, the September 2002 Monthly Visa Bulletin
of the State Department shows that the current priority date for
F-2B (adult single child of green card holder) is January
8, 1994. However, the priority date for F-1 (adult single
child of U.S. citizens) is December 1, 1989 - a
wait of more than four additional years, for adult children of
U.S. citizens, than for adult single children of green card parents.
Many Filipino parents do not realize this, and think that their
child's petition would be processed faster if they apply for citizenship.
Unfortunately, they discover the bad news only after the parents
has become a citizen. (Note: it is only in the Philippines where
a citizen's petition of an adult child takes longer than petitions
by immigrant parents.)
However, there is now hope for single adult Filipino children
whose parents naturalize while they are under petition. On August
6, 2002, President Bush signed the "Child Status Protection
Act", which helps unmarried children over 21 years old who
were petitioned by green card holder parents but the parents later
became U.S. citizens before their children's priority dates became
current.
The "Child Status Protection Act
allows these children to "elect" to retain their place
in the F-2B category (unmarried sons and daughters over 21 years
old of green card holder), even though the parent naturalized.
If your parent naturalized while you were an adult child under
petition in the F-2B category, I strongly advise you to seek the
advice of a reputable attorney, who can analyze your situation
and determine if you (or your petitioned adult child) are entitled
to benefits under the Child Status Protection Act.
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