Spouses and unmarried children of green card holders are now eligible to file Form I-485, Applications for adjustment of status (AoS), application for an Employment Authorization Document (EAD) and for Advance Parole (AP), international travel document. After two years of being backlogged, the 2A category under Family-based immigration’s Final Action Dates are current in July! If the preliminary Form I-130 was not filed, the green card holder wishing to sponsor his spouse and children can do so along with the Form I-485.
For more information on Final Action Dates
This July, the following situations apply for all Family-based 2A categories, that is, spouses and unmarried minor children of legal permanent residents:
If spouse and children are currently in the US
If the spouse and children are lawfully present in the US currently, the green card holder may petition for their AoS, EAD as well as AP. Form I-130 and I-485 (concurrently) can be filed along with the rest of the packet, if not done previously.
To be noted, if they are currently present in the US but not under legal status, or are under removal proceedings, they have to consult with a reliable immigration lawyer who can verify if they qualify under Section 245i which allows them to file for AoS regardless of their illegal entry into the US.
Are you eligible to file a Green Card for your family?
Here’s what you should know about filing Form I-485 for your spouse and children
If spouse and children are residing outside the US at this time
The green card petitioner may still file for them as long as the I-130 for them has been approved. The entire paperwork should be submitted to the National Visa Center immediately so as to schedule them for their visa interviews immediately.
For unmarried green card holders intending to get married
Given that the dates are current right now, and if your future spouse is legally present in the US right now, you are advised to get married immediately so as to be able to sponsor your spouse’s green card this month.
