Comprehensive Overview of Immigration Law (COIL) Practice Exam

If Neela marries before immigrating, what happens to her I-130 petition?

1. It is automatically canceled.

2. It converts to a third preference petition.

3. It remains unchanged.

4. She must file a new petition.

The correct answer is: It converts to a third preference petition.

When Neela marries before immigrating, her I-130 petition converts to a third preference petition. This is due to the U.S. immigration system, which categorizes relatives of U.S. citizens and lawful permanent residents into different preference categories. If Neela is initially petitioned as an unmarried child of a U.S. citizen, her marriage alters her eligibility. The preference categories prioritize family members, with spouses typically being considered under a different, often higher category than unmarried children. By marrying, Neela's petition shifts to the third preference category, which applies to married sons and daughters of U.S. citizens. This change allows her to maintain a path for immigration, although it might affect processing times given the specific quotas associated with the third preference category compared to the immediate relative category for spouses. The other responses do not accurately reflect the implications of her marital status on her petition. For instance, an automatic cancellation does not occur merely due to marriage; rather, it results in a change of classification. Filing a new petition is not necessary as the existing petition is adjusted. Hence, understanding the nuances of how marriage impacts the I-130 petition is crucial for navigating the immigration process effectively.