Understanding the F-2A Petition

What Is the F2A Visa Application?

Certain family members of U.S. citizens and lawful permanent residents are permitted to apply for and obtain a family-based green card.

The U.S. immigration law divides family members into immediate and family-preference relatives. Immediate relatives are the spouses and unmarried minor children of U.S. citizens. Meanwhile, family-preference relatives are either more distant relatives of U.S. citizens or certain relatives of lawful permanent residents.

The F2A is the second preference family visa. It allows permanent residents to bring their spouses and unmarried minor children into the U.S. F2A visas have an annual cap like other family preference visas. Therefore, processing time can be very long, and applicants will have to wait until the backlog is cleared and their turn arrives.

Am I Eligible to Receive an F2A Visa?

You are eligible for an F2A visa if you meet the following requirements:

• You are the spouse of the legal permanent resident, or

• You are an unmarried child of the permanent resident and are under 21.

• You can prove your relationship with the petitioner.

• Your petitioning relative is above 18.

• Your petitioning relative lives in the U.S. and has a permanent registered address in the U.S.

• Your legal permanent resident spouse or parent has enough finances to care for you.

If you are unsure whether you or your petitioning relative meets all the above criteria, consult an immigration lawyer for guidance. You may also check your eligibility for other green card categories if you don’t qualify for an F2A visa.

Filing an F2A Petition

The lawful permanent resident spouse is the one who files a petition on behalf of their F2A-qualified relative. They are referred to as the petitioner, while the foreign relative is the applicant. The process differs depending on whether the applicant is already in the U.S. on a non-immigrant visa or is still abroad.

If they are already in the U.S., an immigrant visa may be available to the applicant at once, and they can apply for an adjustment of status. Meanwhile, F2A applicants yet to enter the country must apply for a green card through consular processing.

How Can an Applicant Outside the U.S. Apply for an F2A Visa?

The following is the F2A visa application process:

File the Petition

The permanent resident petitioner must complete and submit Form I-130 with the U.S.C.I.S. You can apply online or print a physical copy and mail it. The form has to be submitted with documents that prove a qualifying relationship between you and your relative applying for the green card. For example, if you are bringing a spouse to the USA, you must provide a marriage certificate.

National Visa Center

If the U.S.C.I.S. approves your petition, they will transfer it to the National Visa Center (N.V.C.) for processing. The N.V.C. will then add your case to their system and notify you when a visa becomes available in the F2A category. You need to pay the relevant processing fees and fill out Form I-864, Affidavit of Support, confirming that you can financially support your immigrant relative.

The petitioner must also fill out form DS-260 – immigrant visa electronic application – and scan and upload your relevant supporting documents. The N.V.C. will then schedule a visa interview for your relative in their home country’s embassy and send you and the applicant the approval documents.

Interview and Traveling

The applicant is expected to carry the original or certified copies of necessary documents at the interview.

After the interview, you will be informed of your visa approval or denial. If approved, you will be able to travel within six months. The U.S. Customs and Border Protection will inspect you on arrival in the U.S., and if admitted, your green card will be mailed to your residence.

If your visa is denied after the interview, the consulate would usually inform you of the reason for the denial, and you may be able to apply again.

Adjustment of Status for Applicants in the U.S.

For F2A applicants already in the U.S., once the initial form I-130 is approved, you need to wait until the F2A visa becomes available. You can regularly check the Department of State’s monthly visa bulletin to verify the availability of visas. Then, you apply for an adjustment of status by filing Form I-485 with the U.S.C.I.S.

You do not have to leave the U.S. after your non-immigrant visa expires if you have filed Form I-485. However, you can work legally or travel out of the country only if you file Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document. The travel authorization document is usually processed and approved within 20 weeks, whereas the employment authorization document can take up to 15 months.

Next, the U.S.C.I.S. will schedule you for a biometric appointment and an interview. You generally have to attend the interview with your petitioning relative, especially if the relative is a spouse. Finally, the Department of Homeland Security via the U.S.C.I.S. approves or denies the application.