F2A Adjustment of Status

Who qualifies for F2A adjustment of status?

See Family Preference Adjustment of Status.

Who can be an F2A principal beneficiary?

A lawful permanent resident cannot use F2A for a married child or an unmarried son or daughter who is legally classified in F2B because of age.

F2A spouses can have derivative children

Because F2A is a family-preference category, INA §203(d) can permit qualifying derivative beneficiaries.

If an LPR files Form I-130 for a spouse as the principal F2A beneficiary, qualifying children of that spouse may potentially immigrate as derivatives without separate preference petitions, assuming all derivative requirements are satisfied.

However, a separate I-130 may still be strategically important in some families because:

• The child may have an independent relationship to the LPR petitioner;
• The petitioner may later naturalize;
• Immediate-relative classifications do not carry derivatives;
• CSPA consequences may differ; and
• Family members may process at different times.

The F2A priority date

The priority date for an F2A case is generally the date USCIS properly receives Form I-130.

That date establishes the beneficiary's place in the family-sponsored visa queue.

Before filing Form I-485, compare:

• The I-130 priority date;
• The F2A Visa Bulletin line;
• The beneficiary's country of chargeability;
• The USCIS monthly family-sponsored filing-chart determination; and
• The applicable Dates for Filing or Final Action Dates chart.

See Priority Dates for Form I-485.

F2A applicants must check the Visa Bulletin

Unlike a spouse or qualifying child of a U.S. citizen, an F2A beneficiary does not always have an immigrant visa immediately available.

The Department of State can establish cutoff dates for F2A. Visa availability can therefore change from month to month.

See Final Action Dates vs. Dates for Filing and Which Visa Bulletin Chart Does USCIS Use?.

Can Form I-130 and Form I-485 be filed together in F2A?

Potentially. Concurrent filing is not limited to immediate relatives.

An F2A beneficiary may potentially file Form I-485 at the same time as Form I-130 when:

• The F2A priority date is eligible for filing under the applicable chart;
• USCIS permits use of that chart for family-sponsored adjustment filings during the month of filing; and
• The beneficiary is otherwise eligible to adjust status.

See Concurrent Filing of Form I-130 and Form I-485.

The applicant generally must be inspected and admitted or paroled

An F2A relationship does not eliminate the threshold INA §245(a) requirement.

The adjustment applicant ordinarily must establish inspection and admission or parole unless another statutory adjustment provision applies.

See Entry Without Inspection and Adjustment of Status.

F2A applicants generally do not receive the immediate-relative overstay exemption

This is a major difference between marriage to a lawful permanent resident and marriage to a U.S. citizen.

A qualifying immediate relative of a U.S. citizen is broadly exempt from certain INA §245(c) status bars. An F2A applicant generally is not.

Therefore, an F2A beneficiary who overstays or otherwise fails to maintain lawful status can become barred from ordinary adjustment under INA §245(c)(2).

See Failure to Maintain Lawful Status and Adjustment of Status.

Unauthorized employment can bar F2A adjustment

F2A beneficiaries also generally remain subject to the ordinary unauthorized-employment adjustment restrictions.

Potentially problematic employment can include:

• Working without an EAD;
• Continuing work after employment authorization expired;
• Working outside the scope of authorized status;
• Freelance work;
• Independent contracting;
• Unauthorized self-employment; and
• Other productive employment without authorization.

See Unauthorized Employment and Adjustment of Status.

INA §245(k) generally does not apply to an F2A adjustment case

INA §245(k) is designed for specified employment-based immigrants and qualifying derivatives.

A person adjusting solely through an F2A family petition generally cannot use §245(k) to excuse unlawful status or unauthorized employment.

An applicant who separately has a qualifying employment-based immigrant petition may have a different adjustment strategy, but that requires analysis of the actual underlying basis.

INA §245(i) can overcome important F2A adjustment obstacles

A beneficiary grandfathered under INA §245(i) may potentially adjust despite entry without inspection, unauthorized employment, or specified status violations that would prevent ordinary F2A adjustment.

The petition that created §245(i) grandfathering does not necessarily need to be the current F2A petition.

For example:

• An older family petition may have created grandfathering;
• An older qualifying labor certification may have created grandfathering; and
• A later F2A petition may supply the immigrant visa currently used for adjustment.

See INA §245(i).

Naturalization of the petitioner can transform an F2A spouse case

If the lawful permanent resident petitioner becomes a U.S. citizen while the beneficiary remains the petitioner's qualifying spouse, the case generally converts from F2A to immediate-relative classification.

This can have major consequences:

• The numerical visa backlog is eliminated;
• An immigrant visa becomes immediately available;
• The beneficiary may become eligible for immediate-relative exemptions from certain INA §245(c) status and employment bars; and
• The pending adjustment strategy may change substantially.

See Spouse of U.S. Citizen Adjustment of Status.

Naturalization and an F2A child

When an LPR parent naturalizes, the classification of an unmarried child requires careful age analysis.

A qualifying child who is under 21 for the applicable statutory calculation may convert to immediate-relative classification.

If the beneficiary is no longer treated as a child, the petition may instead convert through the adult-son-or-daughter framework, potentially including F1 classification and, in qualifying cases, the CSPA opt-out rules.

The relevant facts can include:

• The child's date of birth;
• The I-130 filing date;
• The petitioner's naturalization date;
• Whether the beneficiary remains unmarried;
• Any CSPA age protection; and
• The resulting Visa Bulletin category.

CSPA and F2A children

The Child Status Protection Act can protect qualifying F2A children from aging into F2B while waiting for visa availability.

For preference beneficiaries, the statutory calculation can involve:

• The child's biological age when an immigrant visa becomes available for CSPA purposes;
• The period during which the qualifying petition was pending;
• Subtraction of petition pendency from biological age;
• The child's continuing unmarried status; and
• The requirement to seek to acquire permanent residence within the applicable period.

See Child Status Protection Act and Form I-485.

What if an F2A child ages into F2B?

If CSPA does not preserve F2A classification and the unmarried beneficiary reaches the applicable age threshold, the petition can convert to F2B.

The priority date can generally remain associated with the converted petition under the applicable automatic-conversion rules.

The beneficiary must continue to remain unmarried while relying on F2B through a lawful permanent resident parent.

See the broader Family Preference Adjustment of Status guide.

Marriage can destroy a child's F2A eligibility

A lawful permanent resident cannot sponsor a married son or daughter in the family preference system.

If an F2A child marries while the petitioner remains an LPR:

• The beneficiary no longer qualifies as an unmarried child of an LPR;
• The petition can lose its valid family-preference classification; and
• The beneficiary cannot simply convert to another LPR-sponsored married-child category because no such category exists.

Naturalization of the petitioner before the marriage can produce a different classification framework, so exact dates matter.

An F2A spouse must establish a bona fide marriage

F2A classification for a spouse requires a legally valid and bona fide marriage.

USCIS can review:

• Relationship history;
• Joint residence;
• Shared finances;
• Insurance;
• Tax records;
• Travel;
• Children;
• Communications;
• Prior marriages; and
• Consistency of the couple's testimony.

The fact that the petitioner is an LPR rather than a U.S. citizen does not reduce the bona fide marriage requirement.

Marriage during removal proceedings requires special analysis

An F2A marriage formed during removal or related proceedings can be subject to INA §204(g) and INA §245(e).

The couple may need to satisfy heightened bona fide marriage requirements before the petition and adjustment application can be approved.

See Marriage During Removal Proceedings and INA §245(e).

INA §204(c) can bar a new F2A spouse petition

A prior marriage-fraud finding can affect a later petition even when the current marriage is genuine.

INA §204(c) can prohibit approval of a family petition when USCIS determines that the beneficiary previously entered, attempted, or conspired to enter a marriage to evade immigration laws.

A later bona fide F2A marriage does not automatically cure a properly supported §204(c) bar.

The F2A applicant must independently be admissible

Visa availability and maintenance of status do not replace the INA §212 admissibility analysis.

USCIS may examine:

• Criminal history;
• Fraud or willful misrepresentation;
• False claims to U.S. citizenship;
• Prior removal;
• Unlawful presence following departure;
• Alien smuggling;
• Health-related grounds;
• Security grounds;
• Public charge; and
• Other applicable grounds.

Form I-864 is generally required

An F2A petitioner generally must submit Form I-864 and satisfy the requirements of INA §213A unless an exemption applies.

Relevant evidence can include:

• Federal tax information;
• Current employment and income;
• Household size;
• Qualifying assets;
• Household-member income;
• Joint-sponsor evidence; and
• Proof of U.S. domicile.

The LPR petitioner generally remains a required sponsor even when a joint sponsor is used.

Visa retrogression after filing

An F2A beneficiary may properly file Form I-485 and later experience visa retrogression.

If the Final Action Date moves backward:

• The properly filed Form I-485 can generally remain pending;
• USCIS ordinarily cannot approve the case until an immigrant visa is again available;
• CSPA issues may continue to matter for children; and
• Any change in the petitioner's citizenship or beneficiary's marital status should be evaluated promptly.

See Visa Retrogression After Filing Form I-485.

Removal proceedings and adjustment jurisdiction

An approved F2A petition does not automatically give USCIS jurisdiction over Form I-485.

Where the beneficiary has immigration-court history, review:

• Whether removal proceedings remain pending;
• Whether proceedings were dismissed or terminated;
• Whether a final removal order exists;
• Whether reopening is necessary;
• Whether the applicant is an arriving alien; and
• Whether USCIS or EOIR has jurisdiction over adjustment.

Evidence checklist

• Petitioner's lawful permanent resident evidence.
• Form I-130 receipt or approval notice.
• Marriage certificate or qualifying parent-child documentation.
• Evidence terminating prior marriages where applicable.
• Bona fide marriage evidence for spouse cases.
• Priority-date documentation.
• Visa Bulletin and USCIS chart evidence where useful.
• Passport and identity documents.
• I-94 or other admission or parole records.
• Complete nonimmigrant-status history.
• Employment authorization history.
• CSPA calculation for qualifying children.
• Derivative relationship evidence.
• INA §245(i) evidence if applicable.
• Form I-864 and financial records.
• Medical examination documentation.
• Evidence addressing any inadmissibility ground.

Common F2A adjustment problems

Primary authorities

Related INA245.com guides

Frequently asked questions