How to Upgrade Form I-130 Petition for My Wife and Children After Becoming U.S. Citizen?

Question:

I was a U.S. permanent resident when I filed the USCIS Form I-130 for my wife and children's immigrant visa application. Now, I am a U.S. citizen, how to upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen?

Answer:

A U.S. citizen's spouse will receive derivative status in an immediate relative petition. You can notice USCIS to upgrade a family second preference (F2) petition for your wife. A U.S. citizen's child does not receive derivative status in an immediate relative petition. This is different from the family second preference petition where a child is included in his or her parent's petition.

If you are now a U.S. citizen, you must file separate immigrant visa petitions (Form I-130) for each of your children. If you upgrade a family second preference petition for your spouse, and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.