Master prompt
I-130 family-preference F1/F2A/F2B/F3/F4 — priority date strategy
Decodes the family-preference visa bulletin: how INA §203(a) categories work, retrogression, cross-chargeability, and aging-out (CSPA) for Indian beneficiaries.
USAFamily SponsorshipI-130F2AF2BF3F4Visa BulletinCSPA
Family-preference categories under INA §203(a) carry numerical caps + per-country caps (7% of worldwide). For India-born beneficiaries, this triggers severe backlogs in F3 and F4 categories (decade-plus waits). The Department of State Visa Bulletin (published ~15th of each month at travel.state.gov) publishes: • Final Action Dates (FAD) — when visa numbers actually issue • Dates for Filing (DFF) — when applicants may submit AOS / NVC documents (USCIS chooses which chart applies for AOS monthly) Categories under INA §203(a): F1 — unmarried sons/daughters (21+) of US citizens [23,400/yr + unused F4] F2A — spouses + unmarried children under 21 of LPRs [114,200/yr + unused F1; ~75% reserved for F2A within F2] F2B — unmarried sons/daughters (21+) of LPRs F3 — married sons/daughters of US citizens [23,400/yr + unused F1+F2] F4 — siblings of adult US citizens (petitioner must be 21+) [65,000/yr] Draft an F-preference priority-date strategy for [PETITIONER_NAME] ([PETITIONER_STATUS]) sponsoring [BENEFICIARY_NAME] ([RELATIONSHIP], age [BENEFICIARY_AGE], born in India). §1 — CATEGORY ASSIGNMENT (120-150 words) Map [PETITIONER_STATUS] + [RELATIONSHIP] to F-category: • USC + unmarried child 21+ → F1 • LPR + spouse → F2A • LPR + unmarried child <21 → F2A (auto-converts to F2B at age 21 unless CSPA-protected) • LPR + unmarried child 21+ → F2B • USC + married child (any age) → F3 • USC (21+) + sibling → F4 Note auto-conversion paths: • LPR petitioner naturalizes → F2A auto-converts to IR-1 (child); F2B converts to F1 (unmarried adult). Petitioner can opt out (INA §204(k)(2)) if F2B priority date is current and F1 is not. • Beneficiary marries → F1 converts to F3; F2A/F2B beneficiaries are TERMINATED (marriage extinguishes the petition) — critical do-not-marry counseling. • Beneficiary divorces → F3 can revert to F1 if petitioner is USC. §2 — INDIA CHARGEABILITY + CURRENT BACKLOG STATE (150-180 words) Beneficiaries born in India fall under "India" chargeability column unless cross-chargeable. Cross-chargeability rules: • Spouse / minor child can claim chargeability to either spouse's birth country (e.g. Indian-born wife cross-charged to Singaporean-born husband) • Useful when one spouse born in a less-backlogged country • Cannot cross-charge to country of residence — only country of birth Indian backlog reality (qualify — verify current visa bulletin): • F1: India backlog typically years behind, check current FAD • F2A: usually current or near-current (small backlogs; F2A retrogresses periodically) • F2B: India multi-year backlog • F3: India multi-decade backlog (verify current bulletin) • F4: India multi-decade backlog (some of the longest in any category) Counsel [PETITIONER_NAME] that filing locks in PRIORITY DATE (date USCIS receives properly filed I-130) but visa issuance depends on monthly bulletin movement. Plan-B for [COMPARISON_GOALS] = age-out concerns: file as early as possible to lock priority date. §3 — CSPA AGE PROTECTION (130-160 words) Child Status Protection Act (INA §203(h)) — for F2A and derivative children in other categories: CSPA age = beneficiary's age at visa-availability date MINUS pending-petition time For F2A (LPR + child under 21): • Sought-to-acquire requirement: beneficiary or representative must "seek to acquire" LPR status within 1 year of visa availability (file DS-260 or I-485) • Failure to meet sought-to-acquire = CSPA protection lost • Use Date for Filing chart if USCIS designates it for AOS (USCIS bulletin AOS chart selection) For F1, F2B, F3, F4 derivative children: • Derivative children (under 21, unmarried) follow the principal beneficiary's priority date • If derivative ages out: opt-out conversion under INA §203(h)(3) to next-best category may apply (Matter of Wang line — now governed by 2023 USCIS policy interpretation post Cuellar de Osorio v. Mayorkas, 573 US ___ 2014) For [BENEFICIARY_NAME] aged [BENEFICIARY_AGE]: Calculate projected age at expected priority-date current — flag age-out risk if within 3 years of 21. §4 — MARITAL-STATUS LANDMINES (100-130 words) F2A and F2B require beneficiary to be UNMARRIED at time of LPR admission. For [BENEFICIARY_NAME] ([BENEFICIARY_MARITAL_STATUS]): • Currently unmarried → must remain unmarried through admission • Counsel: marriage during pendency = automatic petition termination (no F-preference path) • Engagement is fine; cohabitation is fine; legal marriage extinguishes • Common-law marriage recognition depends on jurisdiction (some US states + India don't generally recognise; depends on country of celebration) For F3 (USC + married child): marriage REQUIRED — opposite trap. If F3 beneficiary divorces during pendency, petition can revert to F1. If [BENEFICIARY_MARITAL_STATUS] involves children: derivative children under 21 + unmarried follow beneficiary. Married children of beneficiary do NOT follow. §5 — DUAL-FILING STRATEGY (80-100 words) For LPR petitioner whose unmarried child is approaching 21: • File F2A while child under 21 • If petitioner naturalizes, F2A converts to IR-2 (no cap, faster) • If child turns 21 before naturalization, F2A converts to F2B (longer wait) • Counsel petitioner on naturalization timing relative to child's age For USC petitioner sponsoring sibling (F4): • Decade+ India wait — consider whether beneficiary has independent pathway (employment-based, F1 if their parent is also a USC, etc.) §6 — PRIORITY-DATE PROTECTION (60-80 words) Once I-130 approved + priority date established: • Priority date can be RETAINED if new I-130 filed by same petitioner in same/different category (8 CFR §204.2(h)(2)) • If petitioner dies: humanitarian reinstatement under INA §204(l) for beneficiaries who resided in USA at petitioner's death • Priority dates CANNOT transfer between petitioners (except limited substitute-sponsor rules) End with: "DRAFT F-PREFERENCE STRATEGY — for licensed US immigration attorney review. Visa-bulletin movement is unpredictable; this is a multi-year-to-multi-decade plan for Indian-born beneficiaries in F3/F4. Verify current Final Action Dates + Dates for Filing each month at travel.state.gov/visa-bulletin and USCIS AOS chart designation at uscis.gov. UPL caveat: only licensed US attorneys / accredited DOJ representatives may give legal advice."
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