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Green Card priority date if parent is US citizen?
Question:

While my mother was a US resident (green card holder) in 1995, she filed for a Green Card for myself, her son, I was then 19 years old. According to the Visa bulletin, they are processing 1993 applications, so at a minimum I'm looking at around another 2 years for my application to be finalized. Last year, my mother filed for US citizenship, and is she due to have her citizenship by the end of this year. When she gets her Citizenship, does my application get instant priority or does she have to fill out particular paperwork/forms in order to expedite my application? Do I get immediate adjustement of Status once she gets her citizenship?

Answer:

I am not if any paperwork is needed to change the priority when your mother becomes US Citizen. You might think of talking to the service center or the local offive where the application has been filed. At least call the national support number 1-800-375-5283 to get a confirmation.

One thing is very important in your case.

Since you are still under 21 and assuming you are not married, you will be under no visa quota limitation. You can apply for adjustment of status after approval of your application as soon as your mother becomes US Citizen. You won't have to wait for any visa quota provided you are still under 21. INS recommends when there is an approaching 'age out' situation, i.e., you are approaching 21 fast and your case hasn't been processed, you contact INS immediately ( service center or local office -- don't know exactly where ) with a request for completion of processing before you are 21. These cases are handled with priority. Just be aware of what you will have to do once your mother becomes US Citizen, and gather all information so you don't waste any time at that point. Hope this gives some perspective.

Your mother will need to notify the INS office where she filed the application that she is now a citizen - she will have to provide proof of her citizenship and your file number (perhaps she will need the G-14 form?). You may want to call the 800 or better still have your mother inquire at the local INS office for instructions.

If you are still unmarried you will move up to first priority. I believe these dates are supposed to be current (or as close to current as the INS gets), as soon as the INS processes your mother's notice, she would receive a NOA that would allow you to begin the next set of paperwork for your Adjustment of Status. How long until your AOS interview and Green Card will depend on where you file.





 
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