F-1 Green Cards for Unmarried children 21 or older
Pathway to U.S. Permanent Residency for Your Family
The F1 Green Card, or Family First Preference visa, is a type of visa that allows unmarried children of U.S. citizens to immigrate to the United States and eventually become lawful permanent residents.
Here are some things to know about F1 visas:
- Eligibility: To be eligible for an F1 visa, you must be unmarried and at least 21 years old. You can't apply for an F1 visa if you are married.
- Processing time: There is a waiting period for F1 visas, and the length of the wait depends on the applicant's country of birth. Applicants can expect to wait around seven years after filing their petition, but those from certain countries may have to wait even longer.
- Benefits: Once an F1 visa is approved, the applicant can live, study, and travel in the U.S. They can also work for any employer without sponsorship, and access social benefits like healthcare programs.
- Documentation: To prove your relationship with your children, you'll need to submit documents like birth certificates, adoption papers, and any documents that show your children's legal entry into the U.S.
Each year, a limited number of F1 visas are issued. As an applicant, you'll need to fulfill numerous requirements to be eligible for this visa category.
Eligible applicants for the F1 visa include the unmarried sons and daughters (21 years of age or older) of U.S. citizens.
If you are married, you cannot apply for this visa and should consider applying for a different type of visa suited to your circumstances.
Who is Eligible for a F-1 Green Cards?
Types of Family-Based Green Cards
Family-based immigration is divided into two categories:
1. Family Preference Categories
- Subject to annual visa limits, which may result in waiting times depending on the applicant’s country of origin and category.
- Categories include:
- F1: Unmarried adult children (21 or older) of U.S. citizens.
- F2A: Spouses and unmarried children under 21 of LPRs.
- F2B: Unmarried adult children (21 or older) of LPRs.
- F3: Married children of U.S. citizens.
- F4: Siblings of U.S. citizens (the U.S. citizen must be 21 or older).
2. Immediate Relatives of U.S. Citizens
- No annual limits or waiting times for visa availability.
- Eligible relationships:
- Spouse of a U.S. citizen.
- Unmarried child under 21 of a U.S. citizen.
- Parent of a U.S. citizen (if the citizen is 21 or older).
How to Qualify for Family-Based Green Cards
There are multiple ways to qualify for a green card, including through family preference, employment, or self-petitioning:
- Family preference: Unmarried sons and daughters of U.S. citizens who are 21 years of age or older are eligible for the first preference (F1) category.
- Employment: Students with an F-1 visa can transition to a green card through employer sponsorship or by meeting certain employment-based requirements:
- Employer sponsorship: A common option for students changing from an F-1 visa to a green card.
- Employment-based requirements: Professionals must have a bachelor's degree and a job offer in their field. Unskilled workers must be able to perform unskilled labor work in the U.S. for which U.S. workers are not available and hold job offers.
- Self-petitioning: This option has strict requirements and requires extraordinary abilities. You may need to provide evidence of a significant one-time achievement or multiple less substantial achievements.
How to Apply for the Family-Based Green Card
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
- What to Include:
- Proof of U.S. citizenship or LPR status (e.g., passport, birth certificate, or green card).
- Proof of the family relationship (e.g., marriage certificate, birth certificates).
- Supporting documents like photographs, joint leases, or affidavits for relationships like marriage.
- Filing Fee:
- Online filing: $625
- Paper filing: $675
- Processing Time:
- Varies depending on USCIS workload and the type of relationship. Immediate relatives are processed faster than family preference categories.
STEP 2: Wait for Visa Availability (If Applicable)
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
- Immediate relatives of U.S. citizens do not have to wait for visa availability.
- Family preference category applicants must wait until their priority date (the date USCIS receives Form I-130) becomes current in the Visa Bulletin.
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
Once Form I-130 is approved, the beneficiary applies for a green card. The process depends on whether the beneficiary is inside or outside the U.S.
A. Adjustment of Status (If Inside the U.S.)
- File Form I-485 (Application to Register Permanent Residence or Adjust Status):
- Immediate relatives can file Form I-485 concurrently with Form I-130.
- Family preference applicants must wait for their priority date to be current.
- Supporting Documents:
- Approved I-130 receipt or approval notice.
- Proof of lawful entry into the U.S. (e.g., Form I-94).
- Medical exam results (Form I-693).
- Proof of financial support (Form I-864, Affidavit of Support).
- Filing Fee:
- $1,440
- Processing Time:
- Typically 8–14 months for immediate relatives; longer for preference categories.
B. Consular Processing (If Outside the U.S.)
- National Visa Center (NVC):
- After Form I-130 approval, the case is transferred to the NVC for visa processing.
- Complete Online Visa Application (Form DS-260):
- Submit Form DS-260 and supporting documents to the NVC.
- Attend Visa Interview:
- The beneficiary attends an interview at a U.S. embassy or consulate in their home country.
- Processing Time:
- Typically 12–18 months.
STEP 4: Receive Green Card
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
- If approved, the beneficiary:
- Inside the U.S.: Receives the green card by mail after Form I-485 approval.
- Outside the U.S.: Receives an immigrant visa to enter the U.S. as a permanent resident; the green card is mailed after arrival.
Why Pursue the F1 Green Card?
Obtain Permanent Residency in the U.S.
F-1 visa holders pursue a Green Card for many reasons, including:
- Permanent residency: A Green Card, also known as a Permanent Resident Card, grants the holder the right to live and work in the United States indefinitely.
- Increased stability and opportunities: A Green Card offers more stability and opportunities than temporary student status.
- Fundamental rights: Green Card holders have fundamental rights, such as:
- The ability to apply for government jobs
- Protection under U.S. laws
- The freedom to travel in and out of the country with fewer restrictions
- The ability to work anywhere they want in the US
- The ability to start their own business or corporation
- The ability to receive Social Security if they have worked in the US for at least 10 years
- The ability to get a U.S. driver's license
- The right to purchase and carry a firearm under the laws of the state
- Pathway to U.S. citizenship: After a number of years, Green Card holders can apply for U.S. citizenship.
Additional Information on Family-Based Green Cards
Child Status Protection Act (CSPA)
The Child Status Protection Act (CSPA) protects certain children under the family-based green card petitions from aging out and losing their eligibility for the green card (or a particular visa category). Children can be seen as “aged out” if they turn 21 years old before their adjustment of status (Form I-485) with the USCIS or their application for an immigrant visa with the U.S. Department of State (i.e., consular processing) is approved.
The CSPA determines the principal beneficiary (the person being sponsored) and their derivative children’s (the children of the person being sponsored) age by subtracting the amount of time USCIS took to approve the family-based green card petition from that person’s biological age at the time their visa becomes available. If the person’s CSPA adjusted age is under 21 years old when their priority date became current under their visa category, the person can retain that original status and their family-based green card petition will continue to proceed under that visa category.
Children using the CSPA adjusted age must file for adjustment of status or consular processing to obtain their green card within one year of their priority date becoming current. If the child does not seek to change into the green card status within one year, then “extraordinary circumstances” must be shown to use that CSPA adjusted age.
How Marriage Can Jeopardize a Child's U.S. Immigrant Visa
Here are some examples of how this could play out:
- The unmarried child of a U.S. citizen, under 21 years of age, receives an approved I-130 petition as an immediate relative (a category in which unlimited numbers of green cards are available). Let's say, however, that the child gets married in the months before the green card is approved. The marriage drops the child into the Family Third Preference visa category, for which only 23,400 visas are available each year, thus the child will have a long wait for a green card; typically around 10 years.
- The unmarried child of a U.S. lawful permanent resident, under 21 years of age, receives an approved I-130 petition in subcategory 2A of the Family Second Preference category (for which only 114,200 green cards are available each year, split between subcategory 2A and 2B). After waiting around two years for a visa to become available, the family is about ready to receive green cards. However, the child gets married. That child is no longer eligible for a green card. His or her best hope for a visa might be to wait until one of his or her parents becomes a U.S. citizen, and can file a Family Third Preference petition on the child's behalf, at which time the child's spouse could immigrate as well. But that will take many years.
- The unmarried child, over age 21, of a U.S. citizen, receives an approved I-130 petition in the Family First Preference category (for which only 23,400 green cards are available each year). The child waits around seven years until a visa becomes available in that category, during which time the child gets married. That means the child will drop to the Family Third Preference visa category, for which another 23,400 visas are available each year, but the waits for a green card tend to be even longer; probably another three years.
The marriage issue can be a problem for many young immigrants, who might grow up during the long wait for a visa, and don't want to put their marriage on hold. However, they should understand the consequences of marriage before making a decision.
Timeline Overview
- Form I-130 Approval:
- Immediate relatives: 6–12 months.
- Preference categories: 12–24 months or longer.
- Visa Availability (For Preference Categories):
- Varies by category and country of origin; can range from months to several years.
- Adjustment of Status/Consular Processing:
- Adjustment of Status: 8–14 months.
- Consular Processing: 12–18 months.
- Total Time:
- Immediate relatives: 12–18 months.
- Preference categories: 2–15 years, depending on category and country.
Cost Summary
- Form I-130: $675.
- Form I-485: $1,440 (plus $85 biometric fee).
- DS-260 (Consular Processing): $325.
- Affidavit of Support: $120.
Path to Citizenship
- Green card holders can apply for U.S. citizenship:
- After 3 years if married to a U.S. citizen.
- After 5 years for other family-based green card holders.
The F-1 green card process requires careful planning and documentation. If you have questions or need assistance with your application, feel free to ask!
Ready to begin your family-based green card Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.