Persons in the Family 2A Category May Continue to File I-485s in August
The U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years.
The USCIS announced that even though Worldwide Family 2A is backlogged on the Dates of Filing Chart, since the Worldwide Family 2A is current on the Final Action Dates Chart, spouses and unmarried minor children of green card holders can file applications for adjustment of status in August if they are otherwise eligible. If the green card holder has yet to file an I-130 visa petition, the I-130 and the I-485 can be submitted simultaneously.
For the past few years, the family 2A category has been backlogged 18-24 months, so this may be a once-in-a-lifetime opportunity!
This is great news for green card holders who have petitioned, or want to petition, their spouses and children. If your spouse and children are present in the U.S., they will be able to file applications for adjustment of status (form I-485). This packet should include an application for an Employment Authorization Document (EAD) and an Advance Parole (AP) international travel document.
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If Your Spouse/Children are in the U.S. – Family 2A Category
If you are a green card holder and your spouse/children are lawfully present in the U.S., they should file their I-485 adjustment of status packets in July & August.
If you have yet to file an I-130 for your spouse/children, you can do so now, or if you wish, file the I-130 and the I-485 packet(s) together before the end of August 2019.
If your spouse/children are residing in the U.S. but are not in legal status, if they qualify under section 245i, they can adjust their status in the U.S. This also applies if your spouse/children are under removal proceedings. They can request that the Immigration Judge expedite their next hearing so that they can file for adjustment of status in July & August 2019.
If Your Spouse/Children are Outside the U.S. – Family 2A Category
If your spouse/children are abroad, and your I-130 for them has been approved, make sure that you submit all of the required paperwork to the National Visa Center immediately so that your spouse/children can be scheduled for their immigrant visa interviews in July & August 2019.
If You Are Planning to Get Married – Family 2A Category
If you are a green card holder who is planning to get married, you may want to do so asap, particularly if your future spouse is legally present in the U.S. You will be able to sponsor your spouse for a green card in July & August, and not be separated later on.