FB2A – Family Based Immigration for Children of Permanent Residents

Basic Requirements:

The Family 2nd preference category allows permanent residents of the United States to petition for certain relatives to join him or her as a green card holder. For instance, this category allows U.S. permanent residents to sponsor their unmarried child(ren) under the age of 21. To be considered unmarried, the petitioner’s child must have either never been married, be divorced, or widowed.

The entire Family 2nd preference category allots 114,200 visas annually, and around 77% are set aside for this specific category (2A) for eligible children. This visa limit, however, means there is typically a considerable waiting period for applicants. While this waiting period does fluctuate, eligible children of U.S. permanent residents normally experience a wait time of around three years after a petition is initially filed. Individuals who wish to immigrate from the Philippines, China, India, the Dominican Republic, and Mexico may have to wait longer.

Family Members:

Children of the eligible, sponsored child will be eligible to obtain derivative resident status once their parent obtains his or her green card. Keep in mind, there is no visa category for a married child of a permanent resident. Furthermore, once the child of a permanent resident turns 21 years of age, that child will no longer qualify for F2A, “Unmarried Child of a Lawful Permanent Resident” and will convert to category F2B, “Unmarried Son or Daughter of a Lawful Permanent Resident.”

Application Process:

There are two steps involved in this sub-category:

1. The permanent resident must file Form I-130, Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS). Upon proper filing, the USCIS will issue a priority date. Once the priority date has been reached, the unmarried, minor child—along with his or her children—may begin the second step.
2. If the applicant is already legally residing in the United States, he or she may file for an adjustment of status. However, if the applicant is outside of the U.S., he or she will need to apply through the consular process.

Fees:

The Austin immigration attorneys at Law Office of William Jang, PLLC typically charge the following in attorneys fees when filing in the United States with the USCIS (please read the disclaimer on this page), along with the filing fees currently charged by the USCIS:

Step 1: Petition

• $1,000 in attorney’s fees for the immigration petition
• $535 for the US CIS filing fee for the immigration petition

Step 2: Adjustment of Status (if already in the U.S.):

• $2,500 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $1,225 USCIS fee each person, (or $750 for each person under the age of 14)

Consular Processing (if outside of the U.S.):

• $4,000 attorney’s fees for the principal beneficiary
• $1,500 attorney’s fees for each family member
• $120 AOS Processing Fee
• $325 Consular Processing fee per person
• $220 Permanent Resident Card

Experience:

At Law Office of William Jang, PLLC, our Austin immigration lawyers have a wealth of experience representing the parents of minor, unmarried children of U.S. permanent residents as they petition for their child’s green card. To discuss the particulars of your situation with one of our Austin immigration attorneys, please call our Austin offices at (512) 323-2333 today. Please see a sample of approved cases.

What do we need to get started?

• Information and documents needed for FB2A – Spouse and Children of Permanent Residents
• Sample retainer agreement