First Preference (F1) Visa

Unmarried Sons and Daughters (21 years of age and older) of U.S. Citizens
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Family F1 Visa

Jun 17, 2024 | Family, U.S. Citizen

What is the Family F1 Visa

The Family F1 Visa is a first-preference immigrant visa category for unmarried sons and daughters of U.S. citizens who are 21 years of age or older. This visa allows eligible individuals to immigrate to the United States and eventually obtain permanent residency. It is one of the family-based preference categories that help maintain family unity.

Benefits of the Family F1 Visa

The Family F1 Visa offers numerous benefits, including:

  • Permanent Residency: Allows individuals to live and work permanently in the U.S.
  • Path to Citizenship: Green Card holders can apply for U.S. citizenship after five years.
  • Family Reunification: Enables families to live together in the U.S.
  • Educational and Employment Opportunities: Access to U.S. educational institutions and job market.

Eligibility Criteria for the Family F1 Visa

Applicant Requirements:

  • Relationship: The applicant must be an unmarried son or daughter of a U.S. citizen.
  • Age: The applicant must be 21 years of age or older.
  • Marital Status: The applicant must remain unmarried throughout the application process.

Petitioner Requirements:

  • Citizenship: The petitioner must be a U.S. citizen.
  • Proof of Relationship: The petitioner must provide documentation proving the parent-child relationship.

Visa Bulletin

The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.

The priority date is established when the U.S. citizen files Form I-130, Petition for Alien Relative. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited. 

The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Family 1st category, they are eligible to receive their green card that month. 

Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.

This process can often involve significant waiting periods, depending on the demand for visas in the Family 1st category and the applicant’s country of origin.

Validity Period

The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.

What We Do

  • Provide assistance in preparing Form I-130 on behalf of a Relative with USCIS and the National Visa Center
  • Review applications to identify potential concerns that may affect the outcome of the application
  • Provide assistance in determining the Final Action Date and Date of Filing for the beneficiary of the Family F1 Visa

The Family F1 Visa is an excellent option for U.S. citizens seeking to reunite with their unmarried adult children. 

Why Choose Us?

  • Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
  • Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
  • Peace of Mind: With our support, you can feel confident that your application is in good hands.

Are you considering applying for a Family First Preference (F1) visa? Contact us today to schedule a consultation and take the first step toward securing your Family F1 visa!

Application Process for the Family F1 Visa

The application process for the Family-Based F1 Visa involves several steps:

Step 1

Filing Form I-130, Petition for Alien Relative

The U.S. lawful permanent resident (sponsor) must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship.

Step 2

Waiting for Priority Date

After USCIS approves the I-130 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability.

Step 3

Consular Processing or Adjustment of Status

Consular Processing (Outside the U.S.)

  • National Visa Center (NVC): When the priority date becomes current, the NVC will notify the applicant to begin consular processing. The applicant must complete Form DS-260, Online Immigrant Visa Application.
  • Visa Interview: The applicant attends an interview at a U.S. embassy or consulate, providing necessary documents and undergoing a medical examination.
  • Visa Issuance: If approved, the applicant receives an immigrant visa to enter the U.S. as a permanent resident.

Adjustment of Status (Within the U.S.)

  • Eligibility: If the applicant is already in the U.S., they may apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
  • Documentation: Includes medical examination, biometric information, and supporting documents.
  • Work Authorization: Applicants may apply for work authorization (EAD) and travel documents (Advance Parole).

Frequently Asked Questions

F-1

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    What documents are needed for the Family F1 Visa application?

    The required documents include Form I-130, proof of U.S. citizenship, proof of the parent-child relationship, civil documents such as birth certificates and police certificates, and a completed Form DS-260, among others.

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    How long does the Family F1 Visa process take?

    The processing time for a Family F1 Visa can vary widely based on factors such as the applicant’s country of origin and the workload of relevant government agencies. It can take several months to a few years.

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    Can I bring my children with me on a Family F1 Visa?

    Yes, unmarried children under 21 of the primary Family F1 Visa holder can also obtain visas as dependents and join their parent in the U.S.

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    Can I apply for work authorization while my Family F1 Visa application is pending?

    No, applicants for the Family F1 Visa cannot apply for work authorization while their application is pending. They must wait until they obtain permanent residency to work legally in the U.S.

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    What happens if my Form I-130 petition is denied?

    If Form I-130 is denied, you may appeal the decision or file a motion to reopen or reconsider the case. Working with an experienced immigration attorney can help navigate this process and improve the chances of a successful outcome.

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    Is there an annual cap on Family F1 Visas?

    Yes, there is an annual cap on the number of Family F1 Visas issued, which can result in longer waiting times for applicants from certain countries.

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    How does the Family F1 Visa compare to other family-based visas?

    The Family F1 Visa is specifically for unmarried adult children of U.S. citizens, whereas other family-based visas may cover spouses, minor children, or siblings of U.S. citizens or permanent residents.

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    Can I change my status while in the U.S. on a Family F1 Visa?

    Yes, once you are in the U.S. on a Family F1 Visa and have received your Green Card, you can adjust your status to that of a permanent resident without having to leave the country.

Atty. Kunal P. Tewani

CEO & Founder
"We are an Immigration Law Firm that is known not only for its legal expertise but for its heart—where clients feel like part of a family that truly cares about their well-being!"

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