1. What is the purpose of an F2B visa?

The purpose of an F2B visa is to allow the unmarried adult children (over the age of 21) of permanent residents of the United States to enter and live in the country as a legal resident. This visa category also allows for these adult children to eventually obtain lawful permanent residence and potentially apply for US citizenship.

2. What are the eligibility requirements for an F2B visa?

To be eligible for an F2B visa, the applicant must meet the following requirements:

1. Relationship to the primary beneficiary: The applicant must be the unmarried son or daughter over the age of 21 of a US permanent resident (green card holder).

2. Priority date: A priority date is assigned to each immigrant visa application based on the date that USCIS received it. The applicant’s priority date must be current in order to apply for an F2B visa.

3. Age: The applicant must be at least 21 years old.

4. Marital status: The applicant must be unmarried at the time of application.

5. Documented proof of relationship: The parent and child relationship must be legally established through official documents such as birth certificate, adoption decree, or marriage certificate.

6. Financial support: The sponsor (primary beneficiary or their spouse) must have sufficient income or assets to support both themselves and their family members, including the F2B applicant.

7. Intent to immigrate permanently: The F2B visa is for those who intend to immigrate permanently to the US. Therefore, the applicants must demonstrate that they have strong ties and intentions to remain in the US with their sponsor.

8. Other requirements: Applicants may also have to undergo a medical examination and provide police clearance certificates from all countries they have lived in for more than six months after turning 16 years old.

It is important to note that meeting these eligibility requirements does not guarantee approval of a visa. Each case is considered individually, and consular officers may request additional evidence or documentation if needed.

3. How long does it take to process an F2B visa application?

The processing time for an F2B visa application can vary depending on a number of factors such as the current workload at the U.S. embassy or consulate, the completeness of the application, and any additional security clearances that may be required. In general, it can take anywhere from several months to over a year for an F2B visa application to be processed. It is recommended to check the estimated processing times for your specific embassy/consulate on the U.S. Department of State website.

4. Can I apply for an F2B visa while in the US or do I have to be outside of the country?

You can apply for an F2B visa while in the US if you are maintaining a lawful status. However, if you entered the country illegally, you will need to apply for a waiver and return to your home country for the consular interview.

5. Do I need a sponsor for my F2B visa application?

Yes, you will need a sponsor for your F2B visa application. The sponsor must be a permanent resident or U.S. citizen who is related to you (spouse, parent, child, or sibling) and who meets the income requirements to financially support you during your stay in the U.S. Some exceptions do apply, such as if your sponsor is in the U.S. military or has significant assets that can support you. It is important to carefully review the sponsorship requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) before submitting your visa application.

6. Can my spouse and children accompany me on an F2B visa?

Yes, your spouse and unmarried children under 21 years old can accompany and immigrate with you to the United States on an F2B visa. However, they must each apply for their own F2B visa and go through the same application process as you.

7. Is there a limit to the number of F2B visas issued each year?

Yes, there is a limit to the number of F2B visas that can be issued each year. The annual limit for the F2B category is approximately 23,400 visas. This number can be adjusted by the U.S. government depending on various factors such as demand and availability.

8. Are there any special requirements for medical examinations before obtaining an F2B visa?

There are no specific medical examination requirements for obtaining an F2B visa. However, all visa applicants will be required to undergo a medical examination if they plan on applying for permanent residence through the U.S. Citizenship and Immigration Services (USCIS) after entering the United States on an F2B visa.

The medical examination must be conducted by a physician designated by the U.S. Embassy or Consulate where the applicant is applying for a visa. The cost of the examination is typically paid directly by the applicant and can vary depending on the country and location where the examination is performed.

The purpose of the medical examination is to ensure that applicants are not inadmissible to the United States on health-related grounds, such as having a communicable disease or mental disorder that could pose a threat to public safety.

Applicants should also note that certain vaccines may be required as part of the medical examination process. These requirements can vary depending on age, country of origin, and other factors. It is recommended to consult with a designated physician or with USCIS for specific vaccination requirements before attending the medical exam.

Overall, while there are no specific medical examination requirements for obtaining an F2B visa itself, applicants should be prepared to undergo a thorough medical evaluation in order to obtain permanent residence in the future through USCIS.

9. Can I work in the US with an F2B visa?

No, an F2B visa is a nonimmigrant visa that does not permit employment in the US. F2B visa holders are primarily dependent family members of lawful permanent residents and are not eligible to work in the US. They must seek employment authorization through other means, such as obtaining a work visa or green card, before they can legally work in the US.

10. How long can I stay in the US on my F2B visa?

As a holder of an F2B visa, you are allowed to enter and stay in the US for as long as your visa is valid, which is typically up to six months per entry. However, you must maintain valid status by complying with any conditions of your visa (such as attending school for F2B students) and following the terms of your authorized period of stay. If you wish to extend your stay beyond the authorized period, you must apply for an extension with the United States Citizenship and Immigration Services (USCIS).

11. Can I apply for permanent residency while on an F2B visa?

No, you cannot directly apply for permanent residency while on an F2B visa. F2B visas are issued to unmarried children (over the age of 21) of permanent residents. To become a permanent resident, you would need your parent to become a US citizen and file a petition on your behalf for an immediate relative green card. Alternatively, you could apply for another type of immigrant visa through employment or marriage.

12. Do I need to pay US taxes if I have an F2B visa?

If you have an F2B visa and are not considered a resident for US tax purposes, you may not be required to pay US taxes. However, if you do have income from US sources, you may still be subject to certain taxes. It is recommended that you consult with a tax professional or the Internal Revenue Service (IRS) for specific information about your tax obligations.

13. Can I travel outside of the US and re-enter on my F2B visa?

Yes, you can travel outside of the US and re-enter on your F2B visa as long as it is still valid. However, please keep in mind that traveling outside of the US may affect your residency status and you may need to apply for a re-entry permit if you plan on being out of the country for an extended period of time. If your F2B visa has expired or will expire during your time abroad, you will need to apply for a new visa before returning to the US. Additionally, make sure to have all necessary documents such as a valid passport and I-20 form when re-entering the US.

14. Can I change my status from F2B to another non-immigrant category?

Yes, you can change your status from F2B to another non-immigrant category. However, this will require you to file an application to change your non-immigrant status with the U.S. Citizenship and Immigration Services (USCIS) and meet the requirements for that particular category. It is important to note that changing your status may affect your eligibility for a green card under the F2B category, so it is recommended that you consult with an immigration attorney before making any changes.

15. What happens if my family member sponsoring me dies before my application is approved?

If the sponsoring family member passes away before your application is approved, their sponsorship will be automatically terminated. In this case, you will no longer have a sponsor and your application for permanent resident status may be denied. It is best to consult with a qualified immigration lawyer to discuss your options and next steps in this situation.

16. Do I need to speak English or pass a language test to obtain an F2B visa?

In general, there is no specific language requirement to obtain an F2B visa. However, all visa applicants must complete an interview with a consular officer at the US Embassy or Consulate in their home country. During the interview process, the applicant will need to demonstrate that they have the necessary documents and information to support their immigration status, including proof of relationship and financial support. The consular officer may also evaluate the applicant’s English speaking abilities during this interview. It is recommended for non-native English speakers to bring a qualified interpreter if they are not comfortable conversing in English.

Additionally, certain countries may require a language proficiency test as part of their immigration process. If you are from one of these countries, it is important to research and prepare for any language requirements before your visa application. Your local embassy or consulate can provide more information on any language tests that may be required for F2B visa applicants from your country.

17.Will having a criminal record affect my eligibility for an F2B visa?

It depends on the nature of the criminal record and whether it is considered a “crime involving moral turpitude” (CIMT) or not. A CIMT is a crime that goes against the accepted moral standards of society, such as fraud, theft, or murder.

If you have a CIMT on your record, it may make you inadmissible to the United States and could affect your eligibility for an F2B visa. You may need to obtain a waiver before being allowed to enter the US.

If your criminal record does not involve a CIMT, it should not affect your eligibility for an F2B visa. However, the US government reserves the right to deny visas to individuals who they believe could be a threat to national security or public safety. Therefore, any criminal record may be taken into consideration during the visa application process.

It is important to disclose any and all criminal history during your visa interview and provide documentation if necessary. Failure to disclose information or providing false information can result in permanent inadmissibility to the US.

18.What happens if my petitioning family member becomes a US citizen during the processing of my application?

If your petitioning family member becomes a US citizen during the processing of your application, there are a few different scenarios that could occur:

1. If you are already in the United States and eligible to adjust status, you may be able to do so as the spouse or child of a US citizen. This means that you would not have to wait for an immigrant visa number to become available and could potentially obtain green card more quickly.
2. If you are outside of the United States, your petition will automatically be upgraded from a family preference category (such as F2A or F3) to an immediate relative category (IR1 or IR2) upon your petitioner’s naturalization. This change can significantly reduce your waiting time for visa availability.
3. If you are already in the United States but ineligible to adjust status (e.g. because you entered without inspection), you may still be able to benefit from your petitioner’s naturalization by having them file a new I-130 petition on your behalf as an immediate relative.

In any case, it is important to consult with an immigration attorney or USCIS directly about how your particular case will be impacted by your petitioner’s citizenship.

19.Can I transfer my existing student or work authorization status to my new F2B status?

No, your student or work authorization status will not transfer to your new F2B status. You will need to obtain new authorization for studying or working in the US as an F2B visa holder. This may involve applying for and obtaining a new student visa or work permit, depending on your specific situation.

20.What rights do I have as a holder of an F2B visa?

1. You have the right to enter and reside in the United States during the validity of your visa.

2. You have the right to study in the United States at any accredited institution.

3. You have the right to work in the United States, as long as you obtain proper authorization from the U.S. Citizenship and Immigration Services (USCIS).

4. You have the right to travel outside of the United States and re-enter with a valid F2B visa and valid passport.

5. You have access to education, health care, and other benefits available to non-immigrant visa holders.

6. You have access to legal representation for any immigration-related issues or concerns.

7. If you are a minor, you have the right to attend school according to your grade level even if it exceeds 12th grade.

8. You may apply for a change of status if eligible under U.S. immigration laws.

9. You may be eligible for certain work permits, such as Optional Practical Training (OPT), if you are studying in certain fields.

10.You may be eligible for employment authorization if your spouse is an E-1/E-2 Treaty Trader or dependent of an E-1/E-2 Treaty Investor.

11.You can apply for permanent residency or a green card when your priority date becomes current according to your country’s annual quota allocation for F2B visas.

12.You can accompany your spouse on their business trips outside of the U.S., but cannot engage in any work-related activities on those trips.

13.As a dependent under 21 years old, you are allowed to study full-time in primary or secondary school (unlike dependents of other categories who must attend school part-time).

14.If you are over 21 years old, you may be able join dual intent exchange visitors who hold either J-1 Alien Physician status or J-1 Non-Alien Physician graduate medical degree residents status.

15.You may request an F2B visa extension if your spouse’s status changes to another non-immigrant or immigrant visa category.

16.You have the right to file taxes and contribute to Social Security, Medicare, and unemployment insurance, even if you are not authorized to work.

17.You are protected by U.S. labor laws and can seek employment without discrimination based on your nationality or immigration status.

18.If your spouse obtains a green card before your child turns 21, your child may be eligible for derivative benefits and obtain their own green card.

19.If you are an unmarried minor child of an F2B visa holder, you may be eligible for a follow-to-join visa and reunite with your parent in the United States if they obtained their green card within one-year of your parent adopting you or you turning 18 years old, whichever comes first.

20.If you are a victim of crime, domestic violence or human trafficking while in the United States, you have access to legal protection and social services through the Violence Against Women Act (VAWA) provisions.