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Upgrade A Petition

Legal definition for Indian law research

Definition

upgrade a petition


If you naturalize (become an American citizen) you may ask the U.S. Citizenship and Immigration Services to change the petitions you filed for family members when you were a lawful permanent resident (LPR) from one category to another. This is called upgrading. For example, a petition for a spouse will be changed/upgraded from F2 to IR1. That is, the petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. The applicant no longer has to wait for her/his priority date to be reached. Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. You, the petitioner, would need to file separate petitions for each of your children.



Source: Department of State. March 2007.


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