
Legal Requirements: U.S. Citizens Filing Taxes While Abroad
Why am I penalized because my father became a U.S. Citizen?
Question: I have been waiting many years to become a Lawful Permanent Resident.
My father petitioned me many years ago.
My priority date was almost current, and then my father became a U.S. Citizen.
Afterwards, I actually had to wait many more years.
He only became a U.S. Citizen because he thought it would speed up the process.
Is there anything I can do?


Answer:You’ve raised an important point that the Child Status Protection Act (CSPA) directly addresses. The CSPA, signed into law in 2002, includes a provision in Section 6 that is highly relevant. This section allows the unmarried sons or daughters of lawful permanent residents (LPRs) to maintain their second preference classification, even if their LPR parent becomes a U.S. citizen.
This is a critical provision because there are cases where a visa becomes available sooner in the second preference category than in the first. Currently, this specific situation primarily affects individuals from the Philippines. Under the CSPA, when a parent naturalizes, the child’s preference category automatically transfers. However, the child can request that this transfer not occur. This gives the beneficiary the option to remain in the second preference category, potentially shortening their visa wait time if that category’s dates are more current.
Question: The CSPA and was told to write a letter that I wanted to go back to the 2nd preference,
Not to stay at the 1st preference which I automatically was move to at the time my father had petitioned me.
I did not know who to write the letter to,
However, to date nothing has changed.


Answer: For years, we faced a frustrating cycle with immigration agencies. We’d contact Immigration, and they would point us to the National Visa Center. When we reached out to the Visa Center, they would send us back to Immigration. This “finger-pointing” game left us with no resolution.
Now, new guidance from Immigration clarifies the process. Beneficiaries in the Philippines who want to opt out of an automatic conversion must file a written request with the Officer in Charge, Manila. The Officer in Charge will then send a written decision on official USCIS letterhead to both the beneficiary and the Department of State’s visa unit. If the request is approved, the beneficiary’s eligibility for family-based immigration will be determined as though their parent had never naturalized, and they will remain a second preference alien.