FB2A – Family Based Immigration for Spouses and Children of Permanent Residents
The second family-sponsored preference is set aside for two groups. Preference Group 2A includes spouses and unmarried minor children of permanent residents (green card holders). The U.S. Permanent Resident may sponsor their spouse and unmarried minor children for green cards under this preference category. The term “unmarried” includes individuals who were never married and divorced and widowed individuals. The second preference category is assigned 114,200 annual visas of which sub-preference category A is allotted 77%. Unfortunately due to this limit, there is a waiting list for this preference category. The waiting time fluctuates. Minor children and spouses of U.S. Permanent Residents from most countries should expect to wait about three years after filing the first petition. Individuals from Mexico, Dominican Republic, Philippines, China and India may have to wait even longer.
Spouse and children (under 21 and not married) of the minor child or spouse of U.S. Permanent Residents are eligible to obtain derivative permanent resident status (green card) when the minor child or spouse of the U.S. Permanent Resident obtains their green card. They are allowed to accompany the minor child or spouse and remain in the United States.
The application process for this preference category is done to two steps. First Step involves the Permanent Resident spouse/parent petitioning the unmarried minor child or spouse. When this petition is filed, the US CIS will issue a priority date. Once the priority date is reached, signaling that a visa is available for this category, the minor child or spouse (and their immediate family) may go through the second step. If the minor child or spouse is legally in the United States, they may adjust their status. If the minor child or spouse is outside of the United States, they would apply through consular processing.
The following is the attorney’s fee that the Law Office of William Jang, PLLC charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (US CIS):
- $ 750.00 attorney’s fees for the immigration petition.
- $ 420.00 US CIS filing fee for the immigration petition.
- $1,500.00 attorney’s fees per immediate family for adjustment of status.
- $1,070.00 per each person ($635.00 for each person under 14 years of age if applying with parent)
* The price quoted above is for Adjustment of Status for individuals already in the United States If the applicant is outside of United States different fees will be applicable.
The Law Office of William Jang, PLLC has extensive experience representing family members of U.S. Citizens and U.S. Permanent Residents obtain green cards. Please see a sample of approved cases.
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