FB-2A   Spouse and Children of Permanent Resident

Family Based Immigration – Second Preference, Section A (FB-2A)

 

Spouse and Unmarried Children of Permanent Resident

What is Family Based Immigration – Second Preference, Section A?

FB-2A is an immigration visa in INA 203(a)(2)(A). The beneficiary of an approved immigration visa petition is entitled to obtain permanent residence (green card) status of United States. FB-2A is for persons who are spouse or unmarried children of US permanent residents.

The Definition of "Children" in Immigration Law

"Child" is defined in 8 U.S.C. section 1101(b)(1) as who is:

• Under 21 years old; and
• Born in wedlock; or
• A step-child, if the step relationship was formed when the child was under 18; or
• Adopted when the child was under 16 years old and already having 2 years legal custody and residence with the adopting parents; or
• A child born out-of-wedlock where relationship is either with the child’s mother, or with the father in which case is a bona fide parent-child relationship; or
• Legally legitimated before 18 years old if the child is in custody of father at the time of legitimation. Legitimation is defined as "the act of putting a child born out-of-wedlock in the same level position as a child born in wedlock." See below for ways to legitimate.

How to legitimate a child born out-of-wedlock?

A out-of-wedlock born child can be legitimated by the following ways:

• By the laws of country or state where the child or father domicile or reside that eliminate all legal distinctions;
• By subsequent marriage of natural parents;
• By judicial order from a court;
• By formal recognition of paternity;
• By open acknowledgment of paternity.

How do US permanent residents apply green card for spouse and unmarried children?

A US permanent resident should file a petition for his or her spouse and unmarried children using form I-130 with the US Citizenship and Immigration Services (USCIS).

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