Immigration Corner | What category am I in?

Dear Mrs Walker-Huntington,

Pleasant day to you and your staff. I look forward to your article in The Gleaner’s Immigration Corner every Tuesday morning.

In 2018 a petition was filed on my behalf to migrate to the United States by my US citizen parent. Ever since I have been trying to get every information as it relates to the process from start to finish. During my research I found where unmarried adult children (over 21 years) of US citizen category was F2B. While checking recently, I realised that category has moved to F1.

My question is, would the time frame reduce from six years for a visa to be readily available or will it remain the same? I have also realised that other categories have switched around. Could you outline if this is another push that’s made by President Biden?

Looking forward to your response.

– D.M.

Dear D.M.,

Thank you for dedication as a regular reader, it is much appreciated.

A US citizen who petitions for their adult (over 21 years old) son or daughter must wait until a visa is available for their beneficiary before they can migrate. That petition for the son/daughter falls into the F1 preference category – over 21 years old son or daughter. However, if the petitioner parent is a green card holder, that petition would be in the F2B preference category. If and when the green card petitioner parent becomes a US citizen, they can request their beneficiary’s petition to be ‘upgraded’ from the F2B category to the F1 category.

One would think that automatically being the beneficiary of a US citizen’s parent’s petition would mean that your file would go faster, but that is not always the case. The speed at which a beneficiary’s green card is available depends on the category they are in and the number of people waiting in a specific category. Because of this, we have seen in the last couple years where a beneficiary in the F2B (Green Card Petitioner) category has a visa available sooner than in the F1 (US citizen petitioner) category.

In April 2021, visas are available in the F1 category for those with priority date earlier than October 8, 2014; and in the F2B category August 8, 2015. Currently, those who are the sons/daughters of a green card holder can receive a green card sooner than if their parents are US citizens.

The president does not determine how quickly a visa becomes available because it depends on how many people are waiting in your category.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com