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If you are the spouse or child of a lawful permanent resident of the USA, you may qualify for permanent residence under the F2 family preference categories. These visas allow green card holders to sponsor close family members, but unlike IR-based visa categories, they operate within annual numerical limits (F2A: 79,900, F2B: 34,300 per annum). So, ensuring that your F2 visa is prepared and filed promptly is essential.
At Blue Lake Law, our team helps families understand how the F2A and F2B visa categories work and assist them in the filing of the initial petition right through to final green card approval, helping you move forward without stress and uncertainty.
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Understanding the F2 Family Preference Categories
As a lawful permanent resident, understandably, your family is your main priority. The F2 visa process can be complex and difficult, as it is governed by strict annual caps and priority dates. Our team specialises in providing the guidance needed in successfully navigate F2 visa applications.
There are two categories under which F2 visas fall:
- F2A: Spouses and Minor Children (Under the age of 21) We focus on CSPA (Child Status Protection Act) monitoring to ensure children don’t “age out” of this faster category due to processing delays.
- F2B: Unmarried Sons and Daughters (21+) With longer wait times, F2B cases require long-term planning. Our team helps families maintain eligibility over several years, managing the complexities of the Visa Bulletin.
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The F2A & F2B Visa Process
As the F2A and F2B visas are preference-based immigrant categories, the visa process involves multiple stages and, in most cases, will require a substantial waiting period due to annual visa limits.
Step 1: Filing Form I-130
The lawful permanent resident needs to file Form I-130 (Petition for Alien Relative) with the USCIS (United States Citizenship and Immigration) to establish the qualifying relationship with their spouse, child, or unmarried adult son or daughter.
Step 2: Priority Date Assignment
Once USCIS receives the petition, a priority date is issued. This date determines the beneficiary’s place in the visa queue.
Step 3: Visa Bulletin Monitoring
Because F2A and F2B visas are subject to annual caps of 114,200, applicants will need to wait until their priority date becomes current under the Department of State Visa Bulletin.
Equally, it’s important to note that visa availability varies depending on the category and the applicant’s country of chargeability. Our team will be able to assist in guiding you regarding the availability in your country.
Step 4: Consular Processing or Adjustment of Status
When a visa number becomes available:
- Applicants outside the United States complete consular processing through a U.S. Embassy or Consulate.
- Eligible applicants lawfully present in the United States may apply for adjustment of status.
Step 5: Green Card Approval
Once all eligibility, financial sponsorship, and admissibility requirements are satisfied, the applicant becomes a lawful permanent resident of the United States.
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Important considerations for the F2 visa process
The F2A and F2B categories are similar to the F1 visa category, as they are subject to annual caps of 114,200 annually, with waiting times typically lasting a few years. During this time, maintaining eligibility is vitally important.
Equally, it’s important to understand that the initial petition does not grant a right to enter or stay in the United States. If the family member is already here on a different visa, they must maintain that independent lawful status until their priority date becomes current and they are eligible to adjust.
Another area that needs special attention is if your child “ages out” of the F2A category. Although the Child Status Protection Act (CSPA) offers some protection, it is a complex calculation that depends on processing times and visa availability.
Additionally, changes in the sponsor’s status, such as becoming a U.S. citizen, or shifts in your financial circumstances that affect the Affidavit of support, can fundamentally change how the case moves forward. This is why proactive planning is the only way to minimize these risks and ensure you’re ready to act the moment a visa number is available.
How Blue Lake Law can help
We understand that the long wait time and risks in eligibility can be overwhelming and stressful for those looking to bring dependents to the US. This is why our team of immigration specialists will ensure that your F2 petition and I-130 form are filed correctly from the start and guide you through every step of the process.