Petitoned under 21 yrs of age.

[Shayna_ian]

What is the name of your state (only U.S. law)? California
First of all I want to extend my deepest gratitude for giving us advice especially Atty. Lana. My wife is now a conditional green card holder.

I have a question regarding my brother in law. My mother inlaw is a green card holder and she will be applying for US Citizenship this year. She petitioned her son 5 years ago, he was then under the age of 21, i think its Preference 2a if I am not mistaken( Unmarried Sons/Daughter of Green Card holder under 21 yrs. old). He was petitioned April 2004 and got the approval notive May of 2005. I know in the Visa Bulletin they are processing July, a.)should we check when USCIS received the petition or the approval notice, b.) Since right now he is 24 yrs old, would he automatically change to another category which is 2b(umarried sons/daughters of green card holder over 21 yrs. old). c.)And Lastly my most important question, if my mother in law would be a US Citizen, would it automatically change her petiton, I know it should be faster because she will be a US Citizen but because of the backlog it would prolong it. Does she need to write a letter requesting to retain to the same petiton as Preference 2a. Please give us some advice on what to do, my brother in law is the only one whose left in my native country, we want to get him asap.

 

[evcalyptos]

What is the name of your state (only U.S. law)? California
First of all I want to extend my deepest gratitude for giving us advice especially Atty. Lana. My wife is now a conditional green card holder.

I have a question regarding my brother in law. My mother inlaw is a green card holder and she will be applying for US Citizenship this year. She petitioned her son 5 years ago, he was then under the age of 21, i think its Preference 2a if I am not mistaken( Unmarried Sons/Daughter of Green Card holder under 21 yrs. old). He was petitioned April 2004 and got the approval notive May of 2005. I know in the Visa Bulletin they are processing July, a.)should we check when USCIS received the petition or the approval notice, b.) Since right now he is 24 yrs old, would he automatically change to another category which is 2b(umarried sons/daughters of green card holder over 21 yrs. old). c.)And Lastly my most important question, if my mother in law would be a US Citizen, would it automatically change her petiton, I know it should be faster because she will be a US Citizen but because of the backlog it would prolong it. Does she need to write a letter requesting to retain to the same petiton as Preference 2a. Please give us some advice on what to do, my brother in law is the only one whose left in my native country, we want to get him asap.

Your BIL retains his Priority Date, even as he changes categories.
Changing categories is automatic.. IE, when he turned 21, he went into a new category. When his mother naturalizes, he changes to another category. His PD follows him into each new category.

He is still unmarried?

When your MIL becomes a citizen, they will instruct her how to upgrade her petition for her son and then when his PD is current, they will start the visa application for him at the National Visa Center (this is the office you contact to upgrade the petition). You can find their contact information on travel.state.gov