QUESTION

How do I downgrade from F! to F2B?

Asked on Feb 15th, 2019 on Immigration - Florida
More details to this question:
My mother filed an I-130 as soon as she got her USC. I know friends that have a petition when the petitioner was an LPR and automatically had an upgrade of their cases from F2B to F1, and now they can downgrade from F1 to F2B because sometimes the NVC bulletin dates for F2B are much favorable for them. Do I have the same benefit? My mother never filed when she was an LPR for some reason and until now I can't understand why she never filed when she was an LPR. I was an unmarried adult son of USC and still one. Thank You for your prompt response
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1 ANSWER
Answered on Mar 14th, 2019 at 5:49 PM
I do not believe that you will be able to have your mother downgrade the petition from F-1 to F-2B if she never applied for you when she had a green card. The remedy of which you speak was specifically drawn up for green card holders who petitioned and then later naturalized.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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