F1 Unmarried Sons and Daughters of U.S. Citizens

The F1 visa category is for unmarried sons and daughters (over 21 years old) of U.S. citizens who wish to immigrate to the United States. Here are key aspects of the F1 visa:

  • Eligibility: To qualify for the F1 visa, the applicant must be the unmarried son or daughter of a U.S. citizen and be over 21 years old.
  • Petition: The U.S. citizen parent must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the F1 visa applicant.
  • Priority Date: Once the Form I-130 is approved, the F1 visa applicant receives a priority date, which is the date USCIS received the petition. The applicant's priority date determines when they can apply for an immigrant visa.
  • Visa Bulletin: The Department of State publishes a monthly Visa Bulletin that indicates which priority dates are currently being processed for immigrant visas. F1 visa applicants must wait for their priority date to become current before applying for an immigrant visa.
  • Immigrant Visa Process: Once the priority date is current, the F1 visa applicant can apply for an immigrant visa at a U.S. embassy or consulate abroad. They must attend an interview and provide supporting documentation to demonstrate their eligibility for the visa.
  • Adjustment of Status: In some cases, F1 visa applicants who are already in the United States may be eligible to adjust their status to lawful permanent resident (green card holder) without leaving the country. This process is known as adjustment of status and requires filing Form I-485 with USCIS.
  • Dependents: F1 visa holders' spouses and unmarried children under 21 years old may be eligible for derivative immigrant visas to accompany them to the United States.
  • Green Card: Once the F1 visa applicant is granted an immigrant visa and enters the United States, they become lawful permanent residents and receive a green card.
  • Naturalization: As lawful permanent residents, F1 visa holders may be eligible to apply for U.S. citizenship through the naturalization process after meeting certain requirements, including residency and good moral character.

Navigating the F1 visa process can be complex, so it's advisable for both petitioners and applicants to seek legal advice and ensure compliance with all applicable regulations.