Thanks so much for the suggestion. I've talk to a lawyer about this case and he told me the same thing like you do. There is one more thing, however, that I am struggling right now as below and I really appreciate if you can give me some advise.
My parents filed I-130 for me when they were still permanent resident back in 2008. As I was unmarried at that time(still single), my case fall under F2B which is normal.
On 2012, my parents got neutralized as citizen but they didn't/forgot/fail to update their status to both USCIS and NVC. With that said, my status remains as F2B till now. I've made calls to both USCIS and NVC and they told/email me said that I am on F2B still.
Recently, I got email from NVC saying that they are about to kickoff my case and want me to pay the processing fee so we can start from there and here comes the problem.
Will they reject/deny my case once they find out that my dad is citizen already after I submit all the documents?
-Because you are in US and will be US continuously with a legal status, you will file I-485 within US later. Thus, you just need to respond to NVC that you will file I-485 to adjust your status to a permanent resident within US, and NVC to stop processing your case there. Not need to provide any documents to NVC. That is all!
Should I update my status to USCIS and NVC so I can be adjusted to F1 from F2B? Or should I just give it a try to submit all documents once my PD becomes current and see how it goes? Is there any impact to my case if I got denied afterwards?
-Your case is actually not F2B anymore since your father or mother became a US citizen. So, your father or mother, depends on who filed the I-130, just need to send a letter to USCIS Service Center where the I-130 is located to request upgrade the I-130 form F2B to F1. Provide the copies ofg I-130 receipt, and the US citizenship certificate. Then, you can file I-485 based on the F1 category when the PD is current.
My parents filed I-130 for me when they were still permanent resident back in 2008. As I was unmarried at that time(still single), my case fall under F2B which is normal.
On 2012, my parents got neutralized as citizen but they didn't/forgot/fail to update their status to both USCIS and NVC. With that said, my status remains as F2B till now. I've made calls to both USCIS and NVC and they told/email me said that I am on F2B still.
Recently, I got email from NVC saying that they are about to kickoff my case and want me to pay the processing fee so we can start from there and here comes the problem.
Will they reject/deny my case once they find out that my dad is citizen already after I submit all the documents?
-Because you are in US and will be US continuously with a legal status, you will file I-485 within US later. Thus, you just need to respond to NVC that you will file I-485 to adjust your status to a permanent resident within US, and NVC to stop processing your case there. Not need to provide any documents to NVC. That is all!
Should I update my status to USCIS and NVC so I can be adjusted to F1 from F2B? Or should I just give it a try to submit all documents once my PD becomes current and see how it goes? Is there any impact to my case if I got denied afterwards?
-Your case is actually not F2B anymore since your father or mother became a US citizen. So, your father or mother, depends on who filed the I-130, just need to send a letter to USCIS Service Center where the I-130 is located to request upgrade the I-130 form F2B to F1. Provide the copies ofg I-130 receipt, and the US citizenship certificate. Then, you can file I-485 based on the F1 category when the PD is current.
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