Strategies under F2B petition for faster unification

There are many strategies that you can make for you and your family to be united faster in the United States. For most of the immigrants, family unity is the most important part of staying in the United States. However, many failed to use strategies or processes that will make them united faster than what is happening. Some of them are discussed below:

  1. For an adult child of a permanent resident, it is faster to petition a child as permanent resident than petition by a U.S. citizen parent. The priority date for F2B petition for an adult child is Oct. 2011 while under F1 as a married child of US citizen is March 2012.
  2. It will be better and faster if the adult child is not married because a petition for a married child takes longer than that of a single child. This can also be facilitated by an annulment of marriage so that a child can be considered as single.
  3. Fling a petition for spouse and all qualified children once an immigrant received his green card. Remember that even if you are a green card holder, you can petition your spouse and children as soon as you received your green card, even a conditional green card. You do not have to wait for you to become a U.S. citizen to petition a wife or husband and children. There are many cases when a minor child could have been included in the petition but for some reason they were left behind and aged out. This is primarily due to waiting to be a citizen before filing a petition.

Example: Jose and Maria have a relationship but are not married. They have a minor child, Peter who is ten years old. Jose was petitioned by his father as single under F2B. When his priority date becomes current, he and his son below 21 years may accompany him and get a green card. Once he received his green card, he immediately travelled to the U.S. and went back to the Philippines to marry Maria. He then filed a petition for Maria. The priority date for F2a for spouse of green card holder as of October 1, 2023, is February 8, 2019. This means the wait time is only 4 years. Note that the strategy here is not marrying Maria as wife to allow the son Peter to accompany Jose to the U.S. and later petition for Maria. The F2b usually has a waiting period of 11 years as single adult son whereas for a married child under F3, the waiting period is usually 21 years. In summary, Jose saved time as a single by about 10 years. Peter saves time by about 21 years if the petition for Jose is as married. Maria saves 17 years if they were married when Jose was petitioned by his father.

Note: This is not legal advice and presented for information purposes only. If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse, which could lead to deportation and family separation.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.



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