Unmarried Sons and Daughters of U.S. Citizens (F1) Visa

What is the Family First Preference (F1) Visa for Unmarried Sons and Daughters of U.S. citizens?

The Family First Preference (F1) Visa is a category of immigrant visa issued by the United States for the purpose of reuniting families. Specifically, the F1 visa is meant for the unmarried sons and daughters of U.S. citizens who are at least 21 years old. This visa category falls under the broader U.S. family-based immigration system, which allows U.S. citizens and permanent residents to sponsor certain family members for lawful permanent residency (green cards).

Here are some key points about the F1 Visa category:

• Eligibility: To be eligible for an F1 visa, the petitioner (U.S. citizen parent) must file an immigrant visa petition (Form I-130) on behalf of their unmarried sons and daughters. The unmarried child must be under 21 years old to qualify. 
• Priority Date: The F1 category is subject to numerical limitations, which means there is a limited number of visas available each fiscal year. Due to this limitation, a waiting period might occur between the time the I-130 petition is filed and when the visa becomes available. The priority date establishes the immigrant’s place in line for a visa.
• Visa Bulletin: The U.S. Department of State issues a Visa Bulletin each month that provides information on visa availability in different family and employment-based preference categories. The Visa Bulletin indicates which priority dates are currently eligible for visa processing. The waiting time can vary significantly based on visa demand and annual limits.
• Adjustment of Status or Consular Processing: Once the priority date becomes current, the unmarried child can either apply for adjustment of status if they are already in the United States on a lawful nonimmigrant visa, or they can undergo consular processing at a U.S. embassy or consulate in their home country to obtain an immigrant visa.
• Green Card: If the F1 visa application is approved, the beneficiary (unmarried son or daughter) will become a lawful permanent resident of the United States, commonly known as a green card holder. This allows them to live and work permanently in the U.S.

Who can get the Family First Preference (F1) Visa for Unmarried Sons and Daughters?

The Family First Preference (F1) Visa is specifically intended for the unmarried sons and daughters of U.S. citizens who are over 21 years old. To be eligible for the F1 Visa, the following criteria must be met:

• Relationship: The applicant must be the unmarried son or daughter who is over 21 years old of a U.S. citizen. The parent must file an immigrant visa petition (Form I-130) on behalf of the son or daughter to establish the relationship and initiate the immigration process.
• Age: This immigrant visa category is for sons and daughters of US citizen who are over 21 years old at the time of filing the immigrant visa petition (Form I-130). If the child is under 21 years of age or married, a different immigration category is applicable. IR-2 visa is intended for unmarried children of US citizens under age of 21, and the Family Third Preference (F3) visa is intended for married sons and daughters of US citizens over 21 years of age.
• Priority Date: The priority date is the date on which the immigrant visa petition (Form I-130) is properly filed with the U.S. Citizenship and Immigration Services (USCIS). The priority date determines the applicant’s place in line for visa processing. 
• Waiting Period: The F1 Visa category has a limited number of visas available each fiscal year. As a result, there might be a waiting period between the time the I-130 petition is filed and when the visa becomes available. The Visa Bulletin, issued monthly by the U.S. Department of State, provides information on visa availability and priority date movement.
• Intent to Immigrate: The applicant must intend to immigrate to the United States and live there permanently as a lawful permanent resident (green card holder).

It’s important to understand that immigration laws and policies can change over time, and eligibility criteria can vary based on individual circumstances. Additionally, other family-based preference categories and visa options might apply to different family relationships. Therefore, if you are considering applying for a Family First Preference (F1) Visa or any other immigration-related matter, it’s recommended to consult official U.S. government sources such as the U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice to ensure accurate and up-to-date information tailored to your situation.

How to apply for the Family First Preference (F1) Visa for Unmarried Sons and Daughters?

Applying for the Family First Preference (F1) Visa for unmarried sons and daughters of U.S. citizens involves several steps. Here’s an overview of the process:

Step 1. Petition Filing:

• A U.S. citizen parent needs to file an immigrant visa petition (Form I-130) on behalf of their unmarried son or daughter with the U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents and the appropriate filing fee.

Step 2. Wait for Approval:

• After the Form I-130 is submitted, USCIS will review the petition and the supporting documents to verify the relationship between the petitioner and the beneficiary (unmarried son or daughter).
•  Once the I-130 petition is approved, USCIS will send a notice confirming the approval to the petitioner.

Step 3. Priority Date and Visa Bulletin:

• The date of the I-130 petition filing with USCIS establishes the beneficiary’s priority date.
• Check the monthly Visa Bulletin issued by the U.S. Department of State to determine if the priority date is current, meaning that visas are available for processing in the F1 Visa category.

Step 4. Adjustment of Status or Consular Processing:

• If the beneficiary is in the United States and eligible, they can apply for adjustment of status to become a lawful permanent resident (green card holder) without leaving the country. This involves submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
• If the beneficiary is outside the United States, they will need to undergo consular processing at a U.S. embassy or consulate in their home country. This process involves applying for an immigrant visa based on the approved I-130 petition.

Step 5. Medical Examination and Interview:

• Both adjustment of status applicants and consular processing applicants will need to undergo a medical examination by an approved panel physician. This medical examination ensures the beneficiary meets health-related immigration requirements.
• Consular processing applicants will also need to attend an interview at the U.S. embassy or consulate.

Step 6. Approval and Entry:

• If the adjustment of status application or the consular processing application is approved, the beneficiary will receive their immigrant visa (if processed at a consulate) or their green card (if processed through adjustment of status).
• Once the beneficiary enters the United States with an immigrant visa or green card, they become a lawful permanent resident.

How long does it take to process my Family First Preference (F1) Visa?

The processing time for a Family First Preference (F1) Visa, which is intended for unmarried sons and daughters of U.S. citizens, can vary significantly based on several factors. Some of the key factors that can influence the processing time include:

• Priority Date: The priority date is the date on which the immigrant visa petition (Form I-130) is filed by the U.S. citizen parent. The waiting time depends on the demand for visas in the F1 Visa category and the annual limits on the number of visas available.
• Country of Origin: Visa processing times can vary based on the applicant’s country of origin due to demand and the availability of visas in that specific country.
• Visa Bulletin: The U.S. Department of State releases a monthly Visa Bulletin that indicates which priority dates are currently eligible for visa processing. Applicants with earlier priority dates generally have a better chance of their visas becoming available sooner.
• Application Type: Whether the beneficiary is applying for adjustment of status within the United States or undergoing consular processing outside the United States can also impact processing times.
• Completeness and Accuracy of Documentation: If all required documents are submitted accurately and completely, it can help avoid delays caused by requests for additional information.
• Embassy or Consulate Workload: Consular processing times can be influenced by the workload and processing capacity of the U.S. embassy or consulate where the applicant’s visa interview will take place.
• Security and Background Checks: Security and background checks conducted by U.S. immigration authorities can add additional time to the processing timeline.
• Administrative Processing: In some cases, additional administrative processing may be required, particularly if there are concerns related to the applicant’s eligibility or security clearance. This can lead to extended processing times.

Given these variables, it’s difficult to provide a specific processing time for the F1 Visa category. Applicants and petitioners are advised to regularly check the Visa Bulletin, which provides information on visa availability and priority date movement, and to remain patient throughout the process. It’s also a good idea to consult the U.S. Citizenship and Immigration Services (USCIS) website and the website of the relevant U.S. embassy or consulate for the most up-to-date information on processing times and requirements.

Can I apply for the Family First Preference (F1) Visa for Unmarried Sons and Daughters online?

The process of applying for a Family First Preference (F1) Visa for Unmarried Sons and Daughters involves a combination of online and offline steps. Here’s a general overview of how the process works:

Online Filing by the Petitioner (U.S. Citizen Parent):

• The U.S. citizen parent typically starts the process by filing an immigrant visa petition (Form I-130) for their unmarried son or daughter. This form, along with the supporting documents can be filed online through the U.S. Citizenship and Immigration Services (USCIS) website.

Adjustment of Status or Consular Processing:

• • Depending on whether the beneficiary is in the United States or abroad, different processes are followed:
    • Adjustment of Status (AOS): If the beneficiary is in the U.S., they can file Form I-485, Application to Register Permanent Residence or Adjust Status, along with other required forms and documents. This can be done offline only by submitting the Form I-485 along with the supporting documents by mail to the USCIS office.
    • Consular Processing: If the beneficiary is outside the U.S., they will go through consular processing. They will need to complete various forms, including the DS-260 immigrant visa application, and schedule an interview at a U.S. embassy or consulate. All of these forms may be completed online through the Consular Electronic Application Center (CEAC).

Medical Examination and Interview:

• Both adjustment of status applicants and consular processing applicants may need to undergo an in-person medical examination by an approved panel physician.
• Consular processing applicants will attend an in-person visa interview at the U.S. embassy or consulate.

Family First Preference (F1) Visa for Unmarried Sons and Daughters Checklist of Required Documents

In this blog post we can provide a general checklist of documents that are often required for the Family First Preference (F1) Visa for Unmarried Sons and Daughters. However, please keep in mind that the specific document requirements can vary based on individual circumstances and changes in immigration policies. Here’s a general checklist of documents that might be required:

For the Petitioner (U.S. Citizen Parent):

• Form I-130, Petition for Alien Relative, filed and approved by USCIS.
• Proof of U.S. citizenship (at least one of the following – copy of U.S. passport, U.S. birth certificate, naturalization certificate, or Consular Report of Birth Abroad).

For the Beneficiary (Unmarried Son or Daughter):

• Copy of the beneficiary’s birth certificate, plus  English translation
•  Passport (if available).
• Divorce or death certificates of any previous spouses (if applicable).
• Police clearance certificates (from countries where the beneficiary has lived, if required).
• Military records (if applicable).

Financial Documents and Affidavit of Support:

• Form I-864, Affidavit of Support, submitted by the U.S. citizen petitioner.
• Proof of petitioner’s financial ability to support the beneficiary, such as recent tax returns, W-2 and/or 1099 forms, pay stubs, employment verification letters, and other relevant financial documents.

Proof of Relationship:

• Copies of documents that establish the parent-child relationship, such as birth certificates and marriage certificates.

Photographs of the Beneficiary:

• Passport-sized photographs that meet the specifications provided by the U.S. government.

Visa Application Forms:

• Form DS-260: Immigrant Visa Application (required for consular processing applicants).

Medical Examination:

• Results of a medical examination conducted by an approved panel physician (required for both adjustment of status and consular processing).

Visa Processing Fees:

• Payment of required visa processing fees, which can vary based on the type of application and processing location.

Police Certificates and Clearances (only for Consular Processing applicants):

• Police certificates from countries where the beneficiary has lived, if required.

Other Supporting Documentation:

• Any additional documents requested by the USCIS or the U.S. embassy or consulate during the visa application or adjustment of status process.

• Any other relevant documents that support the beneficiary’s eligibility for the F1 Visa category.

Tips for Filling out the Family First Preference (F1) Visa for Unmarried Sons and Daughters

Filling out the application for a Family First Preference (F1) Visa for Unmarried Sons and Daughters can be a complex process. Here are some tips to help you navigate the application successfully:

• Read Instructions Thoroughly:
  • Carefully read all instructions provided by the USCIS and the U.S. Department of State (if applicable) on their official websites. This includes instructions for the visa application forms, supporting documents, and any specific requirements for the F1 Visa category.
• Use Accurate Information:
  • Provide accurate and consistent information throughout the application forms and supporting documents. Any discrepancies or inaccuracies could lead to delays or denials.
• Follow Form Instructions:
  • Complete all required sections of the application forms. Follow the instructions for each field and provide the requested information. If a question doesn’t apply to you, write “N/A” or “Not Applicable.”
• Be Clear and Concise:
  • Provide information in a clear and concise manner. Avoid unnecessary details or explanations.
• Double-Check Dates and Details:
  • Ensure that all dates and details (such as names, birthdates, and addresses) are accurate and match the supporting documentation.
• Use Legal Names:
  • Use the exact legal names as they appear on official documents. Avoid using nicknames or informal names.
• Photographs:
  • Follow the guidelines provided for passport-sized photographs. These photographs are a crucial part of the application, so ensure they meet the required specifications.
• Proof of Relationship:
  • Include clear and legible copies of documents that prove the relationship between the petitioner (U.S. citizen parent) and the beneficiary (unmarried child).
• Affidavit of Support:
  • If you are the petitioner, provide accurate and up-to-date financial information on the Affidavit of Support (Form I-864). Make sure you meet the income requirements to sponsor the beneficiary.
• Complete Additional Forms:
  • Depending on whether you are applying for adjustment of status or consular processing, you might need to complete additional forms. Ensure that you complete and submit all the required forms.
• Medical Examination:
  • Schedule and complete the required medical examination with an approved panel physician. Make sure to bring any required documents to the medical exam.
• Keep Copies of Everything:
  • Make photocopies or digital copies of all application forms, supporting documents, and receipts. This will help you track your application and provide documentation if needed in the future.
• Stay Updated:
  • Check the U.S. Department of State’s Visa Bulletin regularly to monitor the progress of your priority date and visa availability.
• Seek Professional Guidance:
  • If you’re unsure about any aspect of the application process, consider seeking assistance from an immigration attorney or a reputable immigration consultant.
• Submit Early:
  • Submit your application and supporting documents well ahead of any deadlines. This gives you a buffer in case any issues or questions arise.

Remember that immigration processes can change, and it’s essential to rely on the most current and official sources for information. Always refer to the U.S. government’s official websites and consult professionals if needed.

Related Links:

Family-Based Immigration: Immediate Relatives and the Preference System

I-130 Form, Petition for Alien Relative Guide

How to Fill Out Form I-130, Petition for Alien Relative – Step-By-Step Instructions

Cost to Petition a Relative, I-130 Form