Immigration Site

I am a beneficiary of an I-130 Family-Based petition that was approved and given a Priority Date of May 2002. At the time this petition was submitted, my mother--the sponsor--was a Permanent Resident. The Notice of Approval indicates that my category is 2B (Unmarried Son/Daughter 21-older of Permanent Resident).

According to the latest Visa Bulletin, my Priority Date is current as of September 2010 (Priority Date listed for 2B/Philippines = August 2002).

My mother became a U.S. Citizen in May 2010. According to the lawyer weve been using throughout this process, my priority date is now not current because my category preference has changed due to my mom becoming a U.S. Citizen. He says that my category is now 1st preference (Unmarried son/daughter of U.S. Citizen). The Visa Bulletin indicates a Priority Date in that category (1st/Philippines) is still in 1997.

Does it make sense that we are penalized and demoted in this process as a result of my mom becoming a U.S. Citizen??? Isnt that the point of her becoming a permanent resident to begin with?

We need help and advice!!! Weve been waiting for a long time already.

Shall I go ahead and apply for I-485 Change of Status based on the original Notice of Approval which indicates my category as 2B and a Priority Date of May 2002?

Does it make sense that we are penalized and demoted in this process as a result of my mom becoming a U.S. Citizen??? Isnt that the point of her becoming a permanent resident to begin with? The law does not penalize you - its only that many more citizens have petitioned their children.

Shall I go ahead and apply for I-485 Change of Status based on the original Notice of Approval which indicates my category as 2B and a Priority Date of May 2002? Thats a good way to get it denied when the USCIS examiner discovers your mother is no longer a permanent resident. If you want to waste $1000, send it to me.

Is there a way to appeal??? We are talking about a person here who has already waited 8 years for this process to unfold...and now as a result of this technicality, were looking at another 5-6 years of waiting.

Wont the law give deference to the original petition and Notice of Approval?

Had the lawyer informed us accordingly that my mother should wait longer to apply for her citizenship, then Id be eligible to apply next week for I-485, but she was given bad advice.

See Jacks post to opt out.