When a person with a Green Card, a lawful permanent resident of the United States, files petition for their foreign spouse, the petition places the spouse in a waiting line called a “family preference category.” This category is reserved for spouses and unmarried children of Green Card holders. There are only so many visas available each year in each category and therefore, there is generally a waiting period before the spouse can apply for an Immigrant Visa/Green Card. During this time, the spouse must wait and watch the monthly Visa Bulletin, published by the Department of State for their priority date to become current. Once the priority date is current the spouse can apply for an Immigrant Visa. It often takes years of waiting before the spouse can even apply for the visa.
However, if the Green Card holder spouse Naturalizes, and becomes a U.S. citizen while the I-130 petition is still pending, the foreign spouse’s classification automatically upgrades to that of an “immediate relative.” Immediate relatives of U.S. citizens, including spouses, are not subject to annual visa limits and are eligible for significantly faster processing. This change removes the priority date backlog and can allow the spouse to adjust status or obtain an immigrant visa much sooner than under the preference category.
Although United States Citizenship & Immigration Services (USCIS) adjudicated the Naturalization process and conducted the Naturalization interview and produced the Naturalization certificate, USCIS does not automatically update the status of the spousal petition. It is the petitioner’s responsibility to notify USCIS of their naturalization and request the petition be upgraded accordingly. To do this, the petitioner should send a letter to the USCIS office currently handling the I-130 petition, including a copy of the naturalization certificate and the I-130 receipt notice. The sooner the petitioner sends the letter and lets USCIS know of the upgrade, the sooner USCIS will properly reclassify the petition avoiding unnecessary delays.
