Spouses and Children (unmarried under 21) of Permanent Residents (F2A)

A permanent resident may petition for his/her spouse and unmarried children of any age to immigrate to the United States. Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period before an immigrant visa number becomes available.

Family Member Currently Inside the United States

If your relative is currently in the United States in a valid non-immigrant status they can become permanent residents in two steps.

• Step One – Permanent resident files Form I-130, Petition for Alien Relative and receives a priority date. Once the priority date becomes current you can move to the next step.
• Step Two – Once I-130 petition is approved and priority date is current you can file the adjustment of status with Form I-485 and supporting documents. Keep in mind that in order to adjust status your foreign relative must be in a valid non-immigrant status the green card is approved.

Family Member Currently Outside  the United States

If your relative is currently outside the United States they can become permanent residents through consular processing.

• Step One – Permanent resident files Form I-130, Petition for Alien Relative and receives a priority date. Once the priority date becomes current you can move to the next step.
• Step Two- Once the petition is approved, the USCIS will forward the petition to the National Visa Center (NVC). As their priority dates come closer, the NVC will request the required paperwork and filing fees for the interviews they will attend at the US Consulate/Embassy abroad. You will be required to provide additional information about your relative(s) who intend to come to the United States, as well as an affidavit of support. After the NVC is satisfied with all the documents and fees you have submitted, the petition will be forwarded to the U.S. Consulate having jurisdiction over your foreign relative’s residence abroad. Thereafter, the Consulate will notify you or your relative about an interview for permanent residence accordingly.

To learn more about your options contact our San Francisco law firm to speak with one of our immigration attorneys.