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Spouses and Minor Children of a Legal Permanent Resident

Legal Permanent Residents can petition their spouses and minor unmarried children by filing an I-130 petition for them. These spouses and minor children, are however subject to visa quotas in the F-2A category.

The F-2A category is currently backlogged for all countries, which means that the spouses and minor children of Legal Permanent Residents are not able to file their I-485 Applications for Adjustment of Status when the I-130 is filed. They will have to wait for their priority date to become current. While waiting for the priority date to become current, these spouses and minor children must either maintain legal non-immigrant status in the US, or must be outside the US.

Once the priority date becomes current, these spouses and minor children would file for adjustment of status if they are in the US, or would apply for an immigrant visa at the US Embassy or Consulate if they are outside the US.

It is highly advisable that you at least consult with an immigration attorney. Our Los Angeles immigration lawyers are available to advise you.