Below are the various visa categories for immediate relatives (IR category) of US citizens. These are not subject to numerical limitations. This only means that visas are always current and enjoy fast processing times. IR categories generally cover the spouse, parents and minor unmarried children of US citizens. If the US citizen’s child is already an adult or married, they fall under the F categories.
IR1- Spouse of a U.S. citizen; IR2- Minor Child of U.S. citizen; IR3- Orphan adopted abroad by U.S. citizen; IR4- Orphan to be adopted in the U.S. by U.S. citizen; IR5- Parent of U.S. citizen 21 years and over; CR1- Spouse of U.S. citizen (conditional status: married less than two years); CR2- Minor Child of U.S. citizen (conditional status); IW1- Spouse of deceased U.S. citizens (married over two years or more)
IW2- Child of an IW1.
The next paragraph lists the other family based green card categories (F category) subject to numerical limitations. Visa availability and processing times per category are published in a monthly bulletin. Processing times take an average of 5-10 years or more (even 20 years) depending on the category. Adult children of US citizens fall under these categories, as well as the inclusion of immediate relatives of greencard holders (immigrants or lawful permanent residents).
1st (F1)- Unmarried son/daughter of U.S. citizen; 2A (F2A)- Spouse & unmarried minor child of lawful permanent resident (LPR); 2B (F2B)- adult unmarried Son or daughter of lawful permanent resident; 3rd (F3)- Married son/daughter of U.S. citizen; 4th (F4)- Brother/sister of U.S. citizen
F category allows derivatives, while IR does not. Derivatives are unmarried minor children (below 21) of the principal beneficiary. For example, Chem has been recently naturalized. Now a US citizen, she decides to sponsor her unmarried daughter Michelle who also has an unmarried minor of her own. The appropriate category for Michelle is F3. Michelle’s child can also be joined in the same petition as a derivative beneficiary even if the child is born out of wedlock.
On the other hand, if Michelle finds an American husband and becomes an IR1 beneficiary (spouse of a US citizen), her child cannot be joined in the IR-1 petition as a derivative. As an alternative, the American spouse can separately petition the child under the IR-2 category as a step-child.
Since F categories are processed longer, conversions can occur. F1 shall be converted to F3 once the beneficiary marries. F2A shall also convert to F2B if the child turns 21. F2B will be converted to F1 if the petitioner naturalizes. Conversions are only allowed because the resulting status of the beneficiary has an appropriate category. If there is no category after a change in status, the petition is automatically revoked.
This is the case of F2Bs marrying before their petitioning LPR parent naturalizes. Notice that there is no category for “married child of lawful permanent resident”. Being so, once an F2B marries, the F2B petition is automatically revoked. The best strategy is to wait for the petitioner’s naturalization, which will convert the F2B petition into F1. Once an F1, the child can now marry, converting the F1 into an F3.
For the visa to be issued for eligible relatives, the petitioner must be domiciled in the US to be able to file an affidavit of support showing that the petitioner (or a joint sponsor), can financially answer for the beneficiaries, preventing them from becoming public charge. Next week, we shall discuss the different employment based immigrant visas.
(This article merely serves as general info that may or may not apply to your case. It is recommended to seek the advice of a US immigration lawyer who can help you explore your immigration options. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. For those interested in getting a US tourist visa, you are invited to attend an in-depth live seminar featuring tips on how to increase your chances for an approval. For more details, please contact Globex Immigration Alliance Services, Telefax 2222702, globexia@gmail.com)
