If the married son or daughter was under 21, he or she will be converted to an immediate relative.
In both cases the petition is approved on the date of the divorce.
Turning 21: Recently Congress passed a law that states if a child turns 21 after his or her petition has been approved the child will still be considered an immediate relative and will retain priority date. Before the law was passed in August, a beneficiary who turned 21 or "aged out" before receiving a visa number would be converted to another preference. A derivative beneficiary is not eligible; only a direct beneficiary can benefit from this law.
Naturalization: An approved second preference petition converts to an immediate relative for a spouse or an unmarried child as soon as the petitioner gets naturalized. The petition will be deemed approved from the date of the petitioner's naturalization. The priority date remains the same, but the conversion to the immediate relative shortens the waiting period for a visa number to become available.
Death: The death of a petitioner or beneficiary will revoke any petition that was filed. However there may be cases when the petitioner dies and the attorney general will determine that the petition should not be revoked for humanitarian reasons.
When a petitioner claims an early date from a previous petition, it is important to inform the U.S. consulate, the National Visa Center and the INS of that date. Those agencies should also be notified of a change of circumstance of the petitioner or beneficiary. Necessary documents like divorce decree or naturalization certificate should be accompanied with the notification.
Family Preference categories
An immediate family: This category includes children (under 21 and unmarried), spouses and parents of U.S. citizens. They do not have to wait for a visa number.
The following categories beneficiaries must wait on a visa number to become available. In most cases the waiting time lengthens as the preference number increases.
First Preference: This include unmarried sons and unmarried daughters (over 21) of U.S. citizens
Second preference: Two categories
2A: This includes spouses and unmarried children (under 21) of lawful permanent residents.
2B: Includes unmarried sons and daughters (over 21) of lawful permanent residents.
Third preference: It includes married sons and daughters of U.S. citizens.
Fourth preference: This includes brothers and sisters of U.S. citizens 21 and over.
Copyright 2003 The Immigrant's Journal | Contact Us