Question on F1, F2A and F2B

[Joseph86 0]

Hi, 

My name is Joseph. I would kindly like to know why the priority dates for F2A and F2B rather comes earlier than the priority date for F1. Thanks

[milimelo 4,169]

~ Post split from a thirteen year old topic and a new topic started. ~

 

 

[nastra30 1,968]

28 minutes ago, Joseph86 said:

Hi, 

My name is Joseph. I would kindly like to know why the priority dates for F2A and F2B rather comes earlier than the priority date for F1. Thanks

It means there are currently a lot of petitions/cases in F1 than F2A/F2B for the US State Department to process based on 'visa number availability'.

It's based on supply and demand. For every fiscal year each category has a specific (limited) number of visa numbers allocated to it by congress. Visa numbers in F1 (based on the allocation for F1) are in high demand than the US State Department can supply compared to demand & supply in F2A/F2B.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html

[Joseph86 0]

1 hour ago, nastra30 said:

It means there are currently a lot of petitions/cases in F1 than F2A/F2B for the US State Department to process based on 'visa number availability'.

It's based on supply and demand. For every fiscal year each category has a specific (limited) number of visa numbers allocated to it by congress. Visa numbers in F1 (based on the allocation for F1) are in high demand than the US State Department can supply compared to demand & supply in F2A/F2B.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html

Thank you so much. Then does it mean that it would be better if one files for his children (above age 21) when he is permanent resident than when he is a citizen?

[nastra30 1,968]

36 minutes ago, Joseph86 said:

Thank you so much. Then does it mean that it would be better if one files for his children (above age 21) when he is permanent resident than when he is a citizen?

As of today that it will better but be aware that F1 and F2B switch occasionally in terms of which priority date becomes current sooner.

 

And actually there's also an advantage in petitioning for adult children when one is LPR. 

When LPR petitions for adult child he/she will get a priority date for F2B to check against the visa bulletin. When LPR naturalizes as US citizen the adult child will automatically be converted to F1 category by the state department. So the advantage is because you were switched to F1 from F2B, by law you can request to be converted back to F2B if visa number will be available in F2B than in F1. If visa number will be available in F1 sooner, you simply keep F1 category. As I explained earlier 

F1 and F2B categories switch occasionally in terms of which priority date becomes current sooner.

 

On the other hand if you naturalize before petitioning adult child you don't have any advantage of switching categories. You will be stuck in F1 category until visa number becomes available in F1 category.