I. SUMMARY
II. WHAT IS FAMILY SECOND PREFERENCE (F2) STATUS?
III. WHO QUALIFIES FOR FAMILY SECOND PREFERENCE (F2) STATUS?
IV. WHAT FORMS DO I NEED TO APPLY?
V. FEES TO INS
VI. FEES TO CONSULATE
VII. PROCEDURE
This is an immigrant category. There are several categories of family-based immigration. This is one of them. It allows you to immigrate to America based on your relationship to an American citizen or lawful permanent resident. It is one of the ways that you can become a lawful permanent resident or "green card" holder in America, This is not the final step, just the first step to getting your green card. You will still need to file your petition for adjustment of status. Adjustment of status can be done in America or at a consulate post outside of America. This category allows for limited immigration to America. There is a yearly limit of 114,200. This is further divided into two sub-categories: spouses and children of permanent residents and adult unmarried sons and daughters of permanent residents The first category gets the majority of the visa available and the remainder goes to the second category. There is a waiting list for this category.
As part of the application process, you will be required to undergo a medical examination by a doctor designated by the consular office. You will be required to pay any fees for the examination.
There is no assurance that your visa will be issued, so do not make any final travel plans, don't sell your house or property, don't quit your job until your visa is issued.
II. WHAT IS FAMILY SECOND PREFERENCE (F2) STATUS?
It is an immigrant category. There is a yearly limit of 114, 200. This allows you live in America permanently.
III. WHO QUALIFIES FOR FAMILY SECOND PREFERENCE (F2) STATUS?
- You are the spouse or child of a lawful permanent resident (spouse and child are defined in Immediate relatives of U.S. Citizens);
- You are the unmarried adult son or daughter of a lawful permanent resident;
- You would have qualified as a "child when you were under 21 years of age;
- You are the minor child of a unmarried son or daughter of a lawful permanent resident.
IV. WHAT FORMS DO I NEED TO APPLY?
A. FORM I-130: You will need to file a Form I-130, Petition to Classify Status of Alien Relative For Issuance of Immigrant Visa.
B. SUPPORTING DOCUMENTATION: You will need to submit documentation on:(A complete list of all documents is set out in Immediate Relatives)
1. The permanent residence status of the petitioner; and
2. The relationship between the petitioner and beneficiary
C. FORM G-325A: Form G-325A, Biographic Information Form.
D. FORM I-184: Form I-184, Affidavit of Support and supporting documentation that the petitioner has the ability to support you at 125% of poverty level.
E. G-28: If you are represented by an attorney, a Form G-28
F. PHOTOGRAPHS: Two photographs 2x2 inches square for each applicant. It must show a full face against a light background. You will need one for each spouse if the petition is based on a spousal relationship.
V. FEES TO INS
I-485 Click here for filing fee
There may be other fees that will be determined at the time of filing.
I-130 Click here for filing fee
Adjusting fee at consulate to be defined by consulate. There may be other fees that will be determined at the time of filing.
A. FORM I-130: The petitioner completes I-130 and supporting documentation, and filing fee and submits them to the INS Service Center which has jurisdiction over the petitioner. If the petitioner is not in America, the petition can be filed at an INS overseas office and in some cases, the U.S. consulate. You may file for adjustment of status at the same time.
B. INTERVIEW: You may have to under an interview.
C. APPROVAL ON FORM I-181B: If you filed both an F-1 petition and for adjustment of status, you will be sent your approval on Form I-181B. This notifies you that you are now a permanent resident. You will need to go to your local INS office and get your passport stamped to show this. You cannot travel until you do this.
D. PETITION WITHOUT ADJUSTMENT: If you filed your petition alone without a request for adjustment of status, you will be notified of your approval. If you are the beneficiary, then you will need to go to your local consulate and apply or your visa, if there is a visa number immediately available. You will be notified that you will now need to file for adjustment of status. If there are no visa numbers available, your petition approval will be sent to the National Visa Center.
E. CONDITIONAL RESIDENCE STATUS: If you were only granted conditional residence status, this is only good for two years and you will need to apply for the removal of the conditional status 90 days before the two year conditional period expires. This is done by filing Form I-751, supporting documentation and a filing fee. Your children may be included in the petition if they obtained permanent residence status with you.
Last Updated on Saturday, 14 May 2011 11:13