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 don_tagala@abs-cbn.com.