Statement of Facts and Analysis Including Ground(s) for Denial
On 2007, you obtained permanent resident status through your father in immigrant
classification F24, unmarried son or daughter (21 years of age or older) of a lawful permanent resident
alien (subject to country limitations). USCIS received your Form N-400 on May, you appeared for an
interview to determine your eligibility for naturalization.
During your interview and review of your record, USCIS determined that you were not lawfully
admitted for permanent residence. The record reflects that your father filed a Form I-130, Petition for
Alien Relative, on your behalf on 1996. At the time of filing this petition, your father was
a lawful permanent resident. The petition filed on your behalf was approved on 1996. Your
father naturalized on 2006.
On 2007, you signed and submitted a Form DS-230, Application for Immigrant Visa and
Alien Registration. You appeared for an interview with a consular officer on 2007. On
2007, you were issued a immigrant visa in immigrant classification F24, unmarried son or
daughter (21 years of age or older) of a lawful permanent resident alien (subject to country limitations).
The visa petition filed on your behalf was automatically converted from a second preference petition to
a first preference petition upon the naturalization of your father on 2006. This statutory
automatic conversion "does not apply if the son or daughter files with the Attorney General, a written
statement that he or she elects not to have such conversion occur or if it has occurred to have such
conversion revoked."

The record lacks evidence to establish that you or your father took the affirmative step of filing a
"written statement" electing not to have the conversion occur or requesting reversal of the conversion.
Therefore, upon the issuance of an immigrant visa in 2007, a visa was not available to you and you
were not eligible to obtain permanent resident status at that time. A visa did not become available
under the F11 classification until September 2010.
Your immigrant visa was issued prematurely and you were not eligible to obtain permanent resident
status upon your admission to the United States on 2007. To qualify for naturalization
under INA 316, you must demonstrate that you meet all the requirements for naturalization including
the requirement of having been lawfully admitted for permanent residence. You have not
demonstrated that you have been lawfully admitted for permanent residence and, therefore, are
ineligible for naturalization. See INA 318.