Legal Blog

Visa F2-A for Spouse of Lawful Permanent Resident Visa will be current beginning July 1, 2019

The F-2A visa, for children and spouses of Lawful Permanent residents (LPRs), has experienced a backlog of approximately two years. Recently however, the U.S. Department of State released an announcement that this visa category would become current, beginning July 1, 2019.[1]

What is an F-2A visa?

The F-2A visa is a Second Preference Family Visa. It is designated for a spouse or child of a Lawful Permanent Resident (green card holder). The F-2 visa is limited to an annual cap of 114,200 with an allocation of 70% going to spouses and minor children of green card holders (F-2A visa) and 30% to unmarried children over 21 years old.[2]

No More Backlog – Beginning July 1, 2019

For green card holders petitioning for their spouses and children, this is a momentous time, allowing them to apply for an I-485 Adjustment of Status,[3] beginning on July 1st. In addition to filing for adjustment of status, applicants should additionally submit forms for an I-765 Application for Employment Authorization Document (EAD)[4] and an Application for an I-131 Travel Document (Advance Parole)[5]. Furthermore, if LPR’s have not yet filed an I-130 Petition for Alien Relative,[6] they can do so now, or when they file the I-485.

For Children and Spouses in the United States

Adjustment of status can be filed for spouses and children of green card holders who are presently and lawfully in the United States beginning July 1st.  If they are in the United States without authorization but qualify under section 245i[7], they can adjust their status. This also applies to spouses and children that are in removal proceedings by requesting the Judge to expedite their hearing so they can apply for an adjustment of status in July.

For Children and Spouses Outside of the United States

For green card holders who have a child or spouse living abroad, they must have their I-130 approved. Once it is approved, they must submit all documentation to the National Visa Center as soon as possible so they can be scheduled for an immigrant visa interview.

[1] https://www.shusterman.com/family-2a-category-current/

[2] https://visaguide.world/us-visa/immigrant/f2a/

[3] https://www.uscis.gov/i-485

[4] https://www.uscis.gov/i-765

[5] https://www.uscis.gov/i-131

[6] https://www.uscis.gov/i-130

[7] https://www.uscis.gov/greencard/life-act-245i-adjustment