The spouses and children of green card holders in the U.S. currently under petition for F2A Visas could receive an adjustment of status in August, according to ABS-CBN News. The date for the petition filed by a green card holder would not affect when the adjustment could be issued.
“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,” Citizen Pinoy host, Michael Gurfinkel, told the source.
The availability of petitions would be similar to a U.S. citizen requesting the documents for a spouse or child when the visas are issued immediately. By making the filed petitions current, the large amount of F2A visas wasted from 2009 to 2012 would be used, ABS-CBN reported. With the ruling by the Supreme Court, same-sex married couples whose marriage is recognized, could also receive an adjustment of status for their petition.
However, green card holders and immigrants should remember the restrictions that apply to the family-based F2A visa category. Any individual who’s status is out of date or entered the country without inspection and do not have Section 245-I may not be eligible for adjustment of status even if their spouse has a green card, Gurfinkel told ABS-CBN.
There are also consequences for failing to comply with the privileges of the petition. Anyone in a fixed-marriage, regardless of sexual orientation, will result in a lifetime ban and no other petition will be approved if officials discover there is a fixed-marriage, the source stated. In order to have the adjustment of status approved, spouses and children with a pending F2A petition should have their status updated before dates are moved back.