F2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

The F2B visa category is designed for the unmarried sons and daughters (21 years of age or older) of lawful permanent residents (green card holders). Here are key aspects of the F2B visa:

• Eligibility: The F2B visa is available to unmarried sons and daughters of lawful permanent residents who are 21 years of age or older.
• Petition: To sponsor an unmarried son or daughter for an F2B visa, the permanent resident parent must file Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS).
• Priority Date: The F2B visa category is subject to numerical limitations, and the availability of visas is determined by the applicant's priority date, which is the date the I-130 petition is received by USCIS.
• Waiting Period: Due to the numerical limitations, there may be a significant waiting period for F2B visa applicants before they can proceed with the immigrant visa application process.
• Derivative Beneficiaries: Spouses and unmarried children under 21 years old of F2B visa holders may accompany or follow to join the principal applicant as derivative beneficiaries.
• Permanent Residency: Once the F2B visa is approved and the beneficiary is admitted to the United States, they become lawful permanent residents and may eventually be eligible to apply for U.S. citizenship through naturalization.
• Age-Out Protection: Children who are under 21 years old at the time the I-130 petition is filed but turn 21 before the visa becomes available may retain their eligibility as derivative beneficiaries under the Child Status Protection Act (CSPA).
• Documentation: Along with the I-130 petition, applicants must provide supporting documentation, including proof of the parent-child relationship, such as birth certificates, as well as any required medical examinations and police clearances.
• Conversion to F1: If an unmarried son or daughter of a permanent resident marries before obtaining permanent residency, they are no longer eligible for the F2B visa category. However, they may become eligible for the F1 visa category, which is for the married sons and daughters of U.S. citizens.

Navigating the F2B visa process can be complex, so it's advisable for permanent resident parents and their unmarried sons and daughters to seek legal guidance to ensure compliance with all relevant regulations and requirements.