Can My Green Card Holding Parents Sponsor My F2B Green Card After My Divorce
The F2B category is a U.S. immigration classification that allows green card holding parents to petition for their unmarried adult children (over 21 years of age) to immigrate to the United States.
This category is considered a second preference together with the F2A. When we look at the Visa Bulletin, a monthly publication issued by the U.S. Department of State (DOS) that provides information on the availability of immigrant visas, it tells us the following about the F2A and the F2B categories:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
DOS Visa Bulletin – DOS links subject to change
What it does not tell us, however, is that F2A means children under the age of 21 only. And more importantly, “unmarried” in F2B, means unmarried at the time of filing.
In other words, those divorced or widowed can still be petitioned under the F2B category by their green card holding parents.
Let’s reference the definitions under the Immigration and Nationality Act of 1952
The term “unmarried”, when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married.
8 USC 1101: Definitions Text contains those laws in effect on January 15, 2023
INA 101 8 U.S.C. 1101 Definitions.