News & Insights

1. Does Your Mom’s Naturalization Make You an Immediate Relative?

Unfortunately, no, because you are over 21 years old.

• Immediate Relatives:
  • Immediate relatives of U.S. citizens include spouses, unmarried children under 21, and parents of U.S. citizens. This category has no visa waiting period, but you do not qualify since you are over 21.
• Category After Naturalization:
  • As an unmarried son over 21, your I-130 petition will move from the F2B category (unmarried adult child of a permanent resident) to the F1 category (unmarried adult child of a U.S. citizen).

2. Does Changing Categories Make the Process Faster?

In some cases, moving from F2B to F1 can speed up the process, but not always. The visa backlog in the F1 category is sometimes longer than the F2B category, depending on the applicant's country of origin.

• Visa Bulletin Check:
  • For applicants from Colombia, check the current visa bulletin to compare F2B and F1 priority dates: Visa Bulletin.

3. How Does This Affect Your Asylum Case?

• Pending Defensive Asylum Case:
  • Your pending defensive asylum case is separate from the I-130 process.
• Green Card Through Family-Based Petition:
  • If your I-130 becomes current and you adjust your status to a green card through the family-based petition, you may no longer need to pursue asylum.
• Timing Management:
  • It’s essential to carefully manage the timing of your asylum hearing and I-130 to avoid losing either option.

4. How Long Does It Take to Hear Back About My I-130?

• Visa Availability:
  • Once USCIS approves your I-130 petition, you must wait for a visa to become available based on the Visa Bulletin's priority date. For F1 applicants from Colombia, the wait time can be several years due to backlogs. As of January 2025, the Final Action Date for the F1 category is September 1, 2017, indicating a wait time of approximately seven years. (Visa Bulletin)

5. What Should You Do Next?

• Monitor the Visa Bulletin:
  • Check the current priority dates for both F2B and F1 categories for Colombia. If the F2B category has a shorter waiting period, consult with USCIS to keep your petition in the F2B category.
• Notify USCIS If Your Parent Becomes a U.S. Citizen:
  • If your parent naturalizes, you must inform USCIS to update your I-130 petition from the F2B to the F1 category. Use Form I-824 (Application for Action on an Approved Application or Petition) to request this update. :contentReference[oaicite:0]{index=0}
• Coordinate with Your Asylum Case:
  • Work with an attorney to manage the timing of your asylum hearing and I-130 approval to avoid conflicts. If a green card becomes available through your I-130, you may request the immigration judge to terminate your asylum case.
• Consult an Attorney:
  • Given the complexity of managing two parallel immigration processes (I-130 and asylum), it’s highly recommended to consult an immigration attorney for personalized guidance.