How to Upgrade an I-130 Petition After Naturalization

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Family reunited after upgrading an I-130 petition as a U.S. citizen

When a lawful permanent resident becomes a U.S. citizen, they have the opportunity to expedite the immigration process for their family members by upgrading a previously filed Form I-130, Petition for Alien Relative. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there is no numerical limit for immediate relatives. The upgrade shifts the beneficiary from a family preference category to the immediate relative category, which is not subject to annual visa limits, potentially reducing wait times significantly.

Benefits of Upgrading an I-130 Petition

Sometimes a family member is able to obtain permanent resident status in the United States, but must leave behind a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), the relative may petition those family members to immigrate with Form I-130, Petition for Alien Relative. Because relatives of a permanent resident are in the family preference categories, the wait time can take several years. If that permanent resident becomes a U.S. citizen, they may upgrade the I-130 petition and speed up the immigration process. The spouse and unmarried children (under age 21) of American citizens are in the immediate relative category.

Upgrading an I-130 petition after naturalization offers several advantages:

  • Immediate Visa Availability: Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to numerical visa limits, allowing for faster processing;
  • Reduced Wait Times: Transitioning from the family second preference (F2A) category to the immediate relative category eliminates the backlog associated with preference categories; and
  • Simplified Process: Immediate relatives may have access to streamlined procedures, such as concurrent filing of Form I-130 and Form I-485 (Application to Register Permanent Residence or Adjust Status), if eligible.

How to Upgrade an I-130 Petition

When you naturalize as a U.S. citizen and have a pending Form I-130 for a relative, the U.S. government does not automatically upgrade your relative’s priority. You need to actively inform the immigration agencies of your enhanced immigration status.

Generally, it is not necessary to file a new petition or pay another fee. You can simply write a letter to the appropriate immigration agency. However, if you’ve petitioned a spouse with at least one child together on the same petition, you must file new petitions for the children. Skip below to Child’s I-130 Petition.

If your I-130 petition is pending (not yet approved)…

A pending I-130 petition is one which is still being reviewed by U.S. Citizenship and Immigration Services (USCIS). Therefore, you’ll need to look up the address of the USCIS service center that is processing Form I-130. Submit the following documents:

  • Proof of U.S. citizenship
    Examples of acceptable documents include a copy of the biographic page of your U.S. passport or a copy of your new Certificate of Naturalization.
  • Proof of a pending I-130 petition
    Submit a copy of the Form I-797C, Notice of Action (receipt letter) that USCIS mailed to you after you filed the I-130 petition.

Mail the evidence with a short cover letter to the USCIS service center on the I-797C, Notice of Action. This is the USCIS office processing your petition. Write "I-130 Upgrade" on the outside on the envelope. If you have additional questions that require support, contact USCIS at 1-800-375-5283.

If your I-130 petition has already been approved…

After USCIS approves the I-130 petition, they forward the case to the National Visa Center (NVC) for consular cases. You’ll need to direct your upgrade request to the NVC. After USCIS approves a petition, please note that it may take approximately 4-6 weeks for the NVC to receive your case and assign a case number. Scan and submit one of the following documents to the NVC:

  • U.S. Passport
    Submit a copy of the biographic page of your U.S. passport.
  • Certificate of Naturalization
    Submit a copy of the Certificate of Naturalization you received after naturalizing as a citizen.

Save the document as a PDF or JPG file. Then, send it as an attachment to the NVC Public Inquiry Form. You'll also need to identify your case with the NVC case number you were provided. Be sure to include "I-130 Upgrade" in the subject line of your inquiry. If you have additional questions that require support, contact the National Visa Center at 1-603-334-0700.

Sample Letter to Upgrade an I-130 Petition

It’s important to include a cover letter when requesting USCIS to upgrade an I-130 petition. The letter can be simple, but it needs to state clearly that you want to upgrade an I-130 petition and a summary of the evidence that’s enclosed.

It’s essential that you include the following pieces of information in your letter:

  • Receipt Number: Your receipt number (also called case number) is located within the I-797C Notice of Action that you received after filing the I-130 petition;
  • Name of Petitioner: You (the person who filed Form I-130) are the petitioner; and
  • Name of Beneficiary: Your relative (the person whom you are petitioning) is the beneficiary.

When you mail the letter, don’t forget to include the evidence (e.g. proof of citizenship and receipt notice) as explained in the previous section.

Sample Cover Letter
to Upgrade an I-130 Petition
Sample Cover Letter to Upgrade an I-130 Petition
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What to Expect After Upgrading the Category

After you upgrade an I-130 petition, your case can move more quickly. As mentioned previously, there is an unlimited number of visas available for the immediate relatives of U.S. citizens. A spouse in the F2A category moves to IR1 (or CR1), and a child in the F2B category moves to IR2 (or CR2).

f2a family preferenceir1 immediate relative visa
f2b family preferenceir2 immediate relative visa

If your spouse and/or children are currently outside the United States awaiting immigration, the National Visa Center will collect additional documents, invite the beneficiary to submit the online visa application (DS-260) and request Form I-864 (Affidavit of Support) from the petitioner. With these items, the NVC can move forward with scheduling the beneficiary for an interview at the U.S. embassy or consulate.

If your family is already in the United States (and eligible to apply for a green card through adjustment of status), they can file individual Form I-485 applications immediately. In this scenario, the case could be upgraded by filing Form I-485, Application to Adjust Status, with a cover letter, a copy of the petitioner's naturalization certificate and proof of filing or approval of the I-130 petition.

Understanding the Impact of the Upgrade on Child Beneficiaries

Upgrading an I-130 petition sometimes has consequences. A family preference petition for a spouse permits derivative status for children. (In other words, a child beneficiary may be included on the same petition as the parent beneficiary.) However, immediate relative petitions may not include derivatives. The petitioner must file separate petitions for each child. Even if you prefer to keep your relatives in their old categories, they must immigrate through the new categories.

If you upgrade an I-130 petition for your spouse, and you did not file a separate petition for any children (under age 21) when you were a permanent resident, you must do so now. Immediate relative children must have their own I-130 petitions. This is in contrast to the family second preference (F2) petition, which includes minor children as derivative of the parent. This can be a confusing element of immigration law. What’s important is that each immediate relative has an I-130 petition filed on their behalf. For this reason, many attorneys who have have permanent resident clients encourage them to file separate petitions for children.

Derivative children from an upgraded I-130 petition

The petitioner's spouse is covered on the initial I-130 petition that was filed. Therefore, the petitioner does not need to file a new petition for the spouse. However, the petitioner must file separate visa petitions for each child, as long as they continue to be unmarried, and under the age of 21 years. This will delay the case slightly, but the approval process will be quick (a few months) given that they are immediate relatives. The spouse and children will be able to immigrate together.

What if you have a child born abroad after you become a U.S. citizen? Your child may be a U.S. citizen at birth. Parents may apply for a Consular Report of Birth Abroad. The consular officer will determine whether your child is a U.S. citizen and can be granted a CRBA that provides proof of citizenship status. If the officer determines your child is not a U.S. citizen, you likely need to file another I-130 petition.

Adjustment of Status Option

If the beneficiary spouse and/or child are presently in the United States, they may be eligible to adjust status to permanent resident status. Adjustment of status is the process of applying for a green card from inside the United States. It is an alternative to consular processing for certain beneficiaries. When the immediate family members entered through a lawful entry, they can typically file Form I-485, Application to Adjust Status, to become green card holders.

Even if you initially anticipated that the immigration would go through consular processing, the path can be switched to adjustment of status. The beneficiaries simply file an adjustment of status application package. Include a short cover letter explaining that the petitioner has become a U.S. citizen and the beneficiary has opted to adjust status instead of applying through a U.S. embassy abroad.

The typical adjustment of status package includes the following forms:

  • I-485, Application to Adjust Status
  • I-864, Affidavit of Support
  • I-693, Report of Medical Examination and Vaccination Record
  • I-765, Application for Employment Authorization (optional)
  • I-131, Application for Travel Document (optional)

Provided that you have already filed an I-130 petition for the beneficiary, you won't have to file it again. Remember, to include evidence of the petitioner's new status as a U.S. citizen in the adjustment package. Check to see the typical adjustment of status costs and forms for your situation.

About CitizenPath

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Immigrant Visa Petition Package (Form I-130), Adjustment of Status Package (Form I-485), and several other immigration services.

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