The F2A category is for green card holders to sponsor spouses and unmarried children under the age of 21 to immigrate to the U.S. For many years this category has had a waiting time of at least several years. This meant that if a U.S. green card holder married a foreigner, she would then have to wait a few years before her spouse could obtain his own green card. In reality, this often results in green card holders having to live separately from their foreign spouses after marriage. The same delay also occurred in petitions for minor children under the age of 21 by their permanent resident parents. This is because F2A is one of the several "family preference" petitions, which are subject to an annual visa quota set by Congress.
The F2A petitions contrast with the "immediate relative" visa petitions filed by U.S. citizens for their spouses and children, which are not subject to the annual visa quota. The differences between these two types of petitions have created hardship for green card holders and their families.
For the first time in many years, F2A is “current” on the Final Action Dates chart in July. All eligible spouses and children of green card holders may apply for adjustment of status by filing the I-485 application. Adjustment of status is a legal process through which one may obtain permanent resident status. By submitting their I-485 applications, these family members are authorized by law to stay in the U.S. while waiting for their adjustment applications to be decided.
Additionally, these family members may file for an employment authorization document (Form I-765) and travel document (Form I-131) along with their adjustment application. With an EAD card in hand, these family members may then apply for driver's licenses and social security numbers. They may also work legally in the United States. The travel document will also allow them to travel internationally and return to the U.S. However, those who have failed to maintain lawful status in the U.S. should not depart the country, even with an approved travel document. In fact, an applicant with previous immigration violations should seek the advice of an experienced immigration attorney before submitting their green card application.
To view all the visa bulletins for July, click here.
The F2A petitions contrast with the "immediate relative" visa petitions filed by U.S. citizens for their spouses and children, which are not subject to the annual visa quota. The differences between these two types of petitions have created hardship for green card holders and their families.
For the first time in many years, F2A is “current” on the Final Action Dates chart in July. All eligible spouses and children of green card holders may apply for adjustment of status by filing the I-485 application. Adjustment of status is a legal process through which one may obtain permanent resident status. By submitting their I-485 applications, these family members are authorized by law to stay in the U.S. while waiting for their adjustment applications to be decided.
Additionally, these family members may file for an employment authorization document (Form I-765) and travel document (Form I-131) along with their adjustment application. With an EAD card in hand, these family members may then apply for driver's licenses and social security numbers. They may also work legally in the United States. The travel document will also allow them to travel internationally and return to the U.S. However, those who have failed to maintain lawful status in the U.S. should not depart the country, even with an approved travel document. In fact, an applicant with previous immigration violations should seek the advice of an experienced immigration attorney before submitting their green card application.
To view all the visa bulletins for July, click here.
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