Petition for spouses and minor children of green card holders available soon

By Don Tagala, ABS-CBN North America Bureau

July 11, 2013

NEW YORK CITY – Regardless of priority date, spouses and minor children who are under a petition by a green card holder could be immediately eligible for adjustment of status beginning next month.

“That means regardless whenever the petition was filed, you can now file for adjustment of status, work authorization, obtain a driver’s license, social security number if you’re otherwise eligible,” said Citizen Pinoy host, Attorney Michael Gurfinkel.

Gurfinkel added that it’s almost like a U.S. Citizen petitioning for a spouse or minor child — the visas are immediately available.

A visa blog says a large amount of F2A visas were wasted from 2009 to 2012, so by making it current, these visas would be put to use.

Gurfinkel said this is also true for same-sex married couples.

“This would also benefit people in same-sex marriages as a result of the Supreme Court striking down DOMA, as long as the person was married in a state that recognizes same-sex marriage,” he said.

But there are certain restrictions that apply to this family based petition category.

“If a person is out of status or they jumped ship or entered the U.S. without inspection, but do not have the benefit of Section 245-I, that may affect their ability to be eligible for adjustment of status through a spouse who is a green card holder,” explained Gurfinkel.

But Gurfinkel said there are consequences for those who abuse this privilege.
“If a couple is in a fixed-marriage, whether it’s same-sex or opposite-sex, there are severe consequences. As far as immigration goes, it results in a life-time ban. No further petitions could ever be approved if they are found in a fixed-marriage,” he said.

Spouses and children of green card holders who have pending F2A petitions must act quickly to take advantage of this opportunity before the priority dates retrogress.

For more information, you may contact Don Tagala at

9 Comments on this post.

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  • Kuya
    11 July 2013 at 6:52 pm - Reply

    How about the single over 21 daughters of green card holders, can they apply for adjustment of status?

    • kikayPang0
      11 July 2013 at 8:05 pm - Reply


      • baket
        12 July 2013 at 10:53 am - Reply

        I have a question regarding my 30yrs old daughter i file a petition for her last 2009. I am a green card holder but applying for my cetizenship soon. Is it easier to petiton my daughter as a green card holder? Please I need a specific answer for this.. Thank you much. God bless..

        • Delia
          12 July 2013 at 11:02 am - Reply

          Basket , theres a Pinoy panawagan page in BA , why dont you address your question there ? Atty. Lou Tancingco has the expertist in this manner. She can answer all your question and may help you.

  • Ronald
    11 July 2013 at 10:28 pm - Reply

    Hi, im a green card holder , can i petition my mom even im not american citizen yet? Thanks

  • delialusional
    12 July 2013 at 6:33 am - Reply

    It’s loud and clear people, MINOR CHILDREN, UNDER 21 !

  • jorge buesa
    12 July 2013 at 9:12 am - Reply

    Hey people, you may contact Don Tagala for any questions you have at don

  • Delia
    12 July 2013 at 9:53 am - Reply

    Petitioners must act accordingly , it is legal and makes a lot of sense . Do it ASAP . People whos doing it in correct way is more deserving than the wall jumpers.

    Just say no to illegal criminal law breakers.

  • delialusional
    12 July 2013 at 11:41 am - Reply

    baket – it’s faster that you leave your petition for your daughter at F2A category than F!, check for visa categories and their priority dates.