According to the Family-based immigration visa bulletin, for the month of August 2013, the F2A category was current for nationals all over the world. For the month of September 2013, the F2A is still current for nationals all over the world. The F2A category is for spouses and children (under 21 years of age) of U.S. Permanent Residents.

Since it is in September now, if the spouses and children of Permanent Residents are currently in the U.S., the Permanent Residents can file I-130 and I-485 petitions for them any time in September if they have not had a chance to do so in August. If the I-130 petition has been submitted to the USCIS, no matter if the result is either approved or pending, the Permanent Resident can file the I-485 petition for his/her spouse or children in September. The spouse can be of the same or different gender, especially after the Supreme Court of the United States ruled in late June that the federal Defense of Marriage Act (DOMA) is unconstitutional based on the equal protection clause of the 5th Amendment.  

If the spouses and children of Permanent Residents are not currently in the U.S., the Permanent Residents can file an I-130 petition. If the I-130 has been submitted to the USCIS and is approved before or in September, the Permanent Residents can initiate consular processing for their spouses or children in U.S. consulates in their home countries in September.

For those spouses and children in the U.S., the Permanent Residents can file I-765 and/or I-131 petitions together with I-130 and I-485 petitions. In general, their I-765 and/or I-131petitions can be approved within two or three months. If F2A has visa retrogression again in the future, those spouses and children’s I-485 petitions may not be approved; however, these applicants can work for any employer by using a valid work permit (if their I-765 was approved) or visit their home countries and return to the U.S. without the need to apply for any visa in U.S. consulates by using a valid Advance Parole (if their I-131 was approved). 

Some clients asked us if it is better for them to apply for a green card once their Permanent Resident spouses become U.S. citizens in the future. We suggest that they file the petitions now instead of doing so in the future. The benefit of filing now is that once they file the petitions, they will not need to worry about how to keep their legal non-immigrant status, such as F-1 or H-1B status.  Moreover, when their Permanent Resident spouses become U.S. citizens in the future, if their petitions are not approved yet, they can always upgrade their petitions.

For those couples in love, if one party is a Permanent Resident and the other is a foreign alien, they can get married and file I-130 and I-485 petitions in September. Please note that the couple can be of a different gender or of the same gender as well. Same sex couples can get married in those states that have legalized same-sex marriages. In late June, the Supreme Court of the United States ruled that the federal Defense of Marriage Act (DOMA) is unconstitutional based on the equal protection clause of the 5th Amendment.  We wrote an article titled “DOMA and Federal Restrictions on Same-Sex Marriage Ruled Unconstitutional”. For more information, please click the following link:

http://www.hooyou.com/news/news2013/news070113samesex.html

It is neither difficult nor time-consuming to prepare for I-130 and I-485 petitions. In general, it takes two weeks at most. We predict that F2A may have visa retrogression again in October or November. Therefore, please do not miss the current opportunity and try to file I-130 and I-485 petitions in September. 

Zhang & Associates, P.C. is very experienced in handling family-based immigration petitions. If you are interested in contacting us for filing F2A immigration petitions, please email us at info@hooyou.com. We will ensure that we work closely with you and file your petitions to USCIS in September.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past seventeen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin • Seattle

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(09/04/2013)