F2A / F2B · Visa Bulletin

Applying inside the U.S. (Form I-485)

If your relative is in the U.S. and a visa is immediately available, they may file Form I-485 together with your I-130, while it is pending, or after it is approved (as long as it has not been terminated or revoked). They must have been inspected and admitted or paroled (with limited exceptions), be physically present in the U.S. when filing, have a visa available both at filing and when USCIS decides, still have the family relationship, not be subject to a bar, be admissible or eligible for a waiver, and merit a favorable exercise of discretion.^[1]

◈High confidence Unlike immediate relatives of U.S. citizens, F2 relatives generally cannot adjust if they failed to keep continuous lawful status since entry (other than through no fault of their own or for technical reasons), ever worked without authorization or otherwise violated the terms of a nonimmigrant admission, or were admitted under the Visa Waiver Program (INA section 217). INA section 245(i) can overcome these bars for some people, such as a spouse with an immigrant petition or labor certification pending before April 30, 2001; an immigration attorney can apply this to your facts.^[1,2,3]

While Form I-485 is pending, your relative may generally apply for a work permit (Form I-765) and for advance parole (Form I-131). Leaving the U.S. without advance parole generally means USCIS treats the I-485 as abandoned; people in lawful H-1, H-4, L-1, L-2 or V status have separate rules.^[1,4]

USCIS's list of what to send with Form I-485 includes the I-130 receipt or approval notice (unless filed together), two passport-style photos, a birth certificate, proof of continuous lawful status since arrival, the medical exam record (Form I-693, if applicable) and an affidavit of support (Form I-864 or I-864EZ, if required). A required Form I-693 must be filed with the I-485, or USCIS may reject the I-485.^[1]

Applying from abroad

1. 1

   Petition goes to the NVC

   If your relative lives outside the U.S. (or is in the U.S. but wants to apply abroad), USCIS sends the approved petition to the State Department's National Visa Center (NVC). It stays there until an immigrant visa number is available.^[5]

2. 2

   Fees, documents, interview

   The NVC collects the visa fees and supporting documents. Once the priority date is current, the consulate schedules an interview and decides whether your relative is eligible for an immigrant visa. Tell the NVC if your relative moves, turns 21 or changes marital status.^[5]

3. 3

   Entry and Green Card

   After the visa is issued, your relative pays the USCIS Immigrant Fee and gives the unopened visa packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. If admitted, they are a permanent resident, and the Green Card arrives by mail once the fee is paid.^[5]