The “Unmarried Sons and Daughters of U.S. Citizens” (F1) visa category is a family-based immigration option that allows the children of U.S. citizens to immigrate to the United States. To be eligible for this visa category, the following criteria generally apply:
- Relationship: The applicant must be an unmarried son or daughter of a U.S. citizen. This means that the U.S. citizen parent must be the biological or legally adopted parent of the applicant.
- Age: The applicant must be under 21 years of age. If the applicant is over 21, they may still be eligible if they fall under the F3 or F4 visa categories, depending on their marital status and the relationship to the U.S. citizen.
- U.S. Citizen Sponsor: The sponsoring U.S. citizen parent must be able to provide proof of their U.S. citizenship, such as a birth certificate or passport.
- Petition: The U.S. citizen parent must file an immigrant petition on behalf of the unmarried son or daughter. This petition is typically filed using Form I-130, Petition for Alien Relative.
- Visa Bulletin: Visa availability depends on the visa bulletin, which is issued monthly by the U.S. Department of State. The unmarried son or daughter of a U.S. citizen may need to wait for a visa number to become available before they can proceed with the visa application process. The visa bulletin assigns visa numbers based on the applicant’s priority date, which is the date the Form I-130 petition was filed.
- Consular Processing: Once a visa number becomes available, the applicant can go through consular processing at a U.S. embassy or consulate in their home country to complete the visa application process.
It’s important to note that immigration laws and policies can change over time, so it’s advisable to consult the U.S. Citizenship and Immigration Services (USCIS) website or seek legal counsel for the most up-to-date information and guidance on the F1 visa category and the immigration process. Additionally, wait times for visa numbers can vary depending on demand and other factors, so applicants should be prepared for potential delays.
Spouses and Children of Green Card Holders (F2A)
The “Spouses and Children of Green Card Holders” (F2A) visa category is a family-based immigration option that allows the spouses and unmarried children (under the age of 21) of lawful permanent residents (Green Card holders) to immigrate to the United States. Here are some key points about the F2A visa category:
- Relationship: The F2A category is specifically for the spouses and unmarried children (under 21 years old) of Green Card holders. It does not include married children or adult children of Green Card holders.
- Green Card Holder Sponsor: The sponsoring Green Card holder must be able to provide proof of their lawful permanent resident status, typically through their Green Card.
- Visa Bulletin: Visa availability in the F2A category depends on the visa bulletin issued by the U.S. Department of State. Like other family-sponsored categories, applicants must wait for a visa number to become available based on their priority date. The priority date is the date the sponsoring Green Card holder filed an immigrant petition on behalf of their family member using Form I-130, Petition for Alien Relative.
- Petition: The sponsoring Green Card holder must file Form I-130, Petition for Alien Relative, on behalf of their spouse and/or unmarried children. Once the I-130 petition is approved, the beneficiary (spouse or child) can proceed with the visa application process.
- Consular Processing: After the I-130 petition is approved and a visa number becomes available, the beneficiary can apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country. They will be required to attend an immigrant visa interview and complete other necessary paperwork.
- Conditional Permanent Resident Status: In some cases, when the beneficiary enters the United States as a spouse, they may initially receive conditional permanent resident status. Conditional permanent residency is granted for two years. Afterward, the conditional resident and their sponsoring Green Card holder spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, to remove the conditions and obtain full permanent resident status.
Unmarried Sons and Daughters of Green Card Holders (F2B)
The “Unmarried Sons and Daughters of Green Card Holders” (F2B) visa category is a family-based immigration option that allows the unmarried sons and daughters (over the age of 21) of lawful permanent residents (Green Card holders) to immigrate to the United States. Here are some key points about the F2B visa category:
- Relationship: The F2B category is specifically for the unmarried sons and daughters (over the age of 21) of Green Card holders. It does not include spouses or minor children of Green Card holders.
- Green Card Holder Sponsor: The sponsoring Green Card holder must be able to provide proof of their lawful permanent resident status, typically through their Green Card.
- Visa Bulletin: Visa availability in the F2B category depends on the visa bulletin issued by the U.S. Department of State. Applicants must wait for a visa number to become available based on their priority date. The priority date is the date the sponsoring Green Card holder filed an immigrant petition on behalf of their family member using Form I-130, Petition for Alien Relative.
- Petition: The sponsoring Green Card holder must file Form I-130, Petition for Alien Relative, on behalf of their unmarried son or daughter. Once the I-130 petition is approved, the beneficiary can proceed with the visa application process.
- Consular Processing: After the I-130 petition is approved and a visa number becomes available, the beneficiary can apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country. They will be required to attend an immigrant visa interview and complete other necessary paperwork.
- Age Considerations: It’s important to note that the F2B category is subject to age-out provisions. This means that if a child who is the beneficiary of an F2B petition turns 21 before a visa number becomes available, they may no longer be eligible for this category. In such cases, they might need to seek alternative immigration options or change their preference category.
