Section 6 of the CSPA provides that family-sponsored (2B) petitions for an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized US citizen will be automatically converted to a first preference petition for an unmarried son or daughter of a US citizen. However, under the CSPA, the son or daughter may request not to be transferred, since such transfer may accrue a longer waiting time. Regardless of whether the petition is converted, the son or daughter may retain the priority date on the original petition.

Example 1:

The priority date for unmarried sons and daughters of LPRs is December 8, 2003 and the priority date for unmarried sons and daughters of USCs is July 1, 2006. Thus, if an LPR files Form I-130 for his 24-year old, unmarried French son and then naturalizes, the son's immigrant category would automatically transfer from the second preference to the first preference. This would be to the advantage of the beneficiary and he would most likely not prevent such automatic conversion.

Example 2:

The priority date for Filipino unmarried sons and daughters of LPRs is December 8, 2003, but the priority date for Filipino unmarried sons and daughters of USCs is November 1, 1999. Thus, if an LPR files Form I-130 for his 24-year old, unmarried Filipino son and then naturalizes, the son would most likely request that the automatic conversion to the first preference category not occur because a visa would become available to him sooner if he remained in the second preference category than if he converted to the first preference category. In this case, the son would continue to be considered a second preference immigrant.

Sources:

Child Status Protection Act: CSPA § 6

For more detailed information about Age Out, please click on one of the following topics:

• Age Out
• Definition of a Child
• Child Status Protection Act
• CSPA and Children of United States Citizens
• Children of Permanent Residents and Applicants for Permanent Residency
• Age Out Issues in Employment-Based Immigration
• Age Out Issues under the Rule of Concurrent Filing and the "Child Status Protection Act (CSPA)"
• Children of Asylum & Refugee Applicants
• Unmarried Sons or Daughters of Naturalized Citizens
• Effective Date of the CSPA