F2A, F2B Visas: Certain Family Members of Lawful Permanent Residents

A myriad of visa categories cater to diverse needs, from work to family reunification. Among these, the F2A and F2B visas emerge as vital conduits in the family-based immigration system, specifically designed for certain family members of existing lawful permanent residents.

These family preference immigrant visas, under the umbrella of family-based immigrant visa categories, play a pivotal role in fortifying family relationships with a U.S. lawful permanent resident.

The F2A visa, tailored for spouses and minor children, and the F2B visa, for unmarried children over 21 years of age, exemplify the commitment of U.S. immigration law to maintain family unity.

Their inclusion in the preference categories underlines the nuanced approach of the United States as it navigates the complexities of immigration and nationality act, bridging distances and fostering family bonds across borders.

Eligibility Criteria 

F2A Visa: Spouses and Minor Children of Lawful Permanent Residents

  • The F2A visa category is specifically designed for family members of existing lawful permanent residents. To be eligible, the applicant must be either the spouse or a minor child (under 21 years of age and unmarried) of a green card holder.
  • Applicants must demonstrate a bona fide family relationship with a U.S. lawful permanent resident. This includes providing evidence such as marriage certificates for spouses and birth certificates for children.
  • The green card holder (lawful permanent resident) must submit an immigrant visa petition on behalf of their family member to U.S. Citizenship and Immigration Services (USCIS). This petition is a prerequisite to applying for the F2A visa.
  • It's crucial for applicants and their sponsoring family members to understand that being eligible does not guarantee immediate visa issuance due to the number of visas issued annually under family preference immigrant visa categories.

F2B Visa: Unmarried Children Over 21 Years of Age

  • The F2B visa falls under the second preference family visa category. It's available to unmarried children of lawful permanent residents who are 21 years of age or older.
  • Similar to the F2A visa, the lawful permanent resident must file an immigrant visa petition with USCIS on behalf of their eligible child.
  • Proof of family relationship and the child's marital status are critical. Documentation, such as birth certificates and legal documents confirming the child’s unmarried status, must be submitted.
  • Given the limited visas per year in family-based preference categories, applicants may face longer visa processing times.

For a comprehensive understanding of family-based immigration, readers may refer to "Citizenship via Family (49)," which explores the broader spectrum of visas available to family members of U.S. citizens and lawful permanent residents, emphasizing the path to obtaining a green card and ultimately permanent residence in the United States.

Application Process

Navigating the application process for F2A and F2B visas involves several steps, from filing petitions to awaiting visa availability. This process is crucial for lawful permanent residents to bring their family members to the United States. The steps are outlined below:

[1] Filing the Petition

The process begins with the U.S. lawful permanent resident (green card holder) filing an immigrant visa petition, Form I-130, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the family relationship between the visa applicant and the green card holder.

Required documentation includes proof of the petitioner’s status as a lawful permanent resident, evidence of the qualifying family relationship (such as marriage or birth certificates), and proof of any legal name changes for either party.

[2] National Visa Center (NVC) Processing

Once the I-130 petition is approved by USCIS, the case is transferred to the National Visa Center. The NVC plays a key role in processing family preference immigrant visas.

The NVC will notify the applicant and petitioner when the visa petition is received and again when an immigrant visa number is about to become available.

[3] Priority Dates and Visa Availability

The priority date, which is the date when the I-130 petition was initially filed, is crucial in the visa process. It determines the applicant's place in line in the family preference categories.

Applicants must wait for their priority date to become current, which means a visa is available in their category, as per the U.S. Department of State’s monthly Visa Bulletin.

[4] Visa Application and Interview

When a visa becomes available, the applicant must submit a visa application to the appropriate U.S. embassy or consulate.

This step includes submitting required documents, such as passport, photographs, and civil documents, and attending a visa interview.

[5] Medical Examination and Visa Issuance

The applicant must undergo a medical examination by an authorized physician.

Following a successful interview and medical examination, the visa is issued, allowing the family member to travel to the United States.

Additional considerations

For further insights into similar processes, refer to "IR2, CR2, IR5, F1, F3, F4 Visas: Certain Family Members of U.S. Citizens," which provides detailed information on the application process for family members of U.S. citizens.

These steps highlight the commitment of U.S. immigration laws in reuniting families while managing the number of visas issued annually. As always, consulting with an experienced immigration lawyer can provide personalized guidance and facilitate navigating these processes.

Rights and Limitations

Upon Arrival in the U.S.

Upon entering the United States with an F2A or F2B visa, individuals are afforded certain rights and are also subject to specific limitations, reflective of the nature of family-based immigration and the visa's design.

Work Authorization

F2A visa holders, which include spouses and minor children of lawful permanent residents, are eligible to apply for a green card without the need for an additional visa category. This eligibility is a significant benefit, allowing them to become permanent residents of the U.S. and engage in employment.

F2B visa holders, being adult children of green card holders, also have the opportunity to apply for work authorization, integrating them into the U.S. workforce.

No Immediate Citizenship

Neither F2A nor F2B visa holders are granted immediate citizenship upon arrival. They enter the U.S. as immigrants with the prospect of becoming a lawful permanent resident in due course.

These visa categories, as part of the family preference immigrant visas, are designed for family reunification and not immediate naturalization.

Adjustment of Status

Adjustment of status is a pivotal aspect for F2A and F2B visa holders seeking lawful permanent residence in the United States.

Eligibility to Apply for a Green Card

Both F2A and F2B visa holders may apply for a green card, initiating their journey to potentially become lawful permanent residents or citizens.

The process involves submitting a green card application, meeting all the requirements set forth by U.S. immigration laws, and going through an adjudication process by immigration officers.

Comparative Perspective

For a deeper understanding of this process, especially concerning spouses and children of lawful permanent residents, refer to the "V Visa: Spouse and Children of a Lawful Permanent Resident (LPR)" article. It provides a comparative perspective on the adjustment of status procedures for different family-based preference categories.

Understanding these rights and limitations is crucial for visa applicants and their family members. It is often advisable to consult with an immigration attorney to navigate the complexities of the green card application and adjustment of status processes, ensuring compliance with all regulations under U.S. immigration laws.

FAQs and Common Misconceptions 

Can F2A and F2B Visa Holders Work in the U.S.?

F2A visa holders are eligible to apply for a green card and subsequently for work authorization. F2B visa holders can also apply for work authorization, but it's a separate process from their visa application.

Is Immediate Citizenship Available for F2A and F2B Visa Holders?

No, these visa categories do not offer immediate citizenship. F2A and F2B visa holders can become lawful permanent residents and eventually apply for citizenship following U.S. immigration laws.

Can Children of Green Card Holders Automatically Get a Green Card?

Children of green card holders must apply for the visa and go through the standard immigration process. Simply being a child of a lawful permanent resident does not guarantee automatic permanent residence.

Misconception: F2A and F2B Visas Lead to Immediate Permanent Residence

A common misconception is that these visas immediately grant permanent residency. In reality, they are a step towards becoming permanent residents of the U.S., requiring a separate green card application process.

For specific guidance and to address individual circumstances, consulting an immigration lawyer or an immigration attorney is recommended, especially when applying for an immigrant visa or navigating the complexities of family-based green card applications.

Conclusion

The F2A and F2B visas, integral components of family-based immigration, facilitate the reunification of certain family members with lawful permanent residents in the United States. These visas, falling under the family preference immigrant categories, demonstrate U.S. immigration law's commitment to maintaining family bonds.

F2A visas cater to spouses and minor children, while F2B visas are designated for unmarried children over 21 years, each reflecting specific needs within the family preference spectrum.

Applicants must navigate a meticulous process, from submitting immigrant visa petitions to awaiting priority dates, emphasizing the role of USCIS and immigration officers in upholding the integrity of U.S. immigration laws.

The journey from holding an F2A or F2B visa to becoming a lawful permanent resident encapsulates the essence of family-based green card applications, showcasing the diverse types of family-based immigration.