F2A or F2B family of lawful permanent resident

2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for: A. Your spouse; B. Your unmarried child under 21 years of age; and C. Your unmarried son or daughter 21 years of age or older.

2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.

If you are a lawful permanent resident, you must file your petition with a copy of the front and back of your Permanent Resident Card (Form I-551). If you have not yet received your card, submit copies of your passport biographic page and the page showing admission as a lawful permanent resident, or other evidence of permanent resident status issued by USCIS or the former INS.

3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights as lawful permanent residents to petition for family members.

You have to prove that there is a family relationship between you and the beneficiary. If you are filing for a relative listed below, submit the following documentation to prove the family relationship.

A. A spouse: (1) A copy of your marriage certificate; (2) If either you were or your spouse was previously married, submit copies of documents showing that each of the prior marriages was legally terminated; and

B. A child and you are the mother: Submit a copy of the child’s birth certificate showing your name and the name of your child.

C. A child and you are the father: Submit a copy of the child’s birth certificate showing both parents’ names, your marriage certificate to the child’s mother, and proof of legal termination of the parents’ prior marriages, if any, issued by civil authorities.

No. An approved petition does not give the beneficiary automatic lawful permanent resident status or permission to immediately immigrate to the United States.

When a petition is approved for a U.S. citizen’s sibling or married or adult son or daughter, or for a lawful permanent resident’s spouse, child, or unmarried son or daughter, it is assigned to the appropriate visa preference category. Each year, a limited number of immigrant visas are available for each preference category. The visas are processed in the order in which the petitions are properly filed and accepted by us.

5. If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition.

6. The derivative beneficiaries described in Items 4. and 5. above may apply for an immigrant visa along with the beneficiary.