Seeking a Family First Preference (F1) visa?
The team at Naya Immigration is passionate about helping you through the process to achieve your dreams and reunite your family.
Many barriers created by the U.S. immigration system prevent families from reuniting. One such barrier is that the unmarried sons and daughters of U.S. citizens who are over the age of 21 do not fall under the “immediate relative” category for immigration purposes.
Fortunately, a Family First Preference (F1) Visa creates a path to lawful permanent residency for adult sons and daughters who do not qualify as immediate relatives.
At Naya Immigration, we offer assistance to both U.S. citizens looking to sponsor their unmarried sons and daughters for lawful permanent residency (green cards) and adult children of U.S. citizens who want to explore their options to reunite with their parents in the United States.
Our Family First Preference (F1) Visa lawyers can help make the immigration process as streamlined and stress-free as possible by explaining and helping you collect and submit a visa petition and accompanying documents, fill out the necessary forms, prepare for consular processing, and identifying (and resolving) any legal issues you may encounter during the process.
Reach out to Naya Immigration to discuss your circumstances and get the insights and legal guidance you need during the Family First Preference (F1) Visa application process.
F1 Immigrant Visa Overview
According to the official website of U.S. Citizenship and Immigration Services (USCIS), only three categories of persons meet the definition of an “immediate relative” for the purposes of becoming a lawful permanent resident: the spouse, unmarried children under the age of 21, and parents of a U.S. citizen. Parents fall under this category only if the U.S. citizen is aged 21 or older.
But does it mean U.S. citizens cannot reunite with their adult children just because they are older than 21? Fortunately, the answer is no.
The Family First Preference (F1) Visa is specifically meant to allow the unmarried sons and daughters of U.S. citizens to reunite in the U.S. after their 21st birthday.
A child over the age of 21 may qualify under the Family First Preference (F1) category if all of the following requirements are met:
- They are the daughter or son of a U.S. citizen (not a permanent resident).
- They are unmarried.
- They are at least 21 years of age.
- They met the definition of a “child,” as stated on the USCIS website, when they were younger than 21.
If you are not sure whether you or your child qualifies for a green card under the F1 category, speak with a Family First Preference (F1) Visa lawyer and explore all of your options for immigration.
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Family First Preference (F1) Visa Application Process
The process of applying for a Family First Preference (F1) visa consists of four primary steps:
- Submit Form I-130 and accompanying documents. The U.S. citizen looking to sponsor their adult son or daughter must submit Form I-130 (Petition for Alien Relative) along with accompanying documents online to USCIS. If the petitioner is filing an application for multiple children, they must submit a separate petition for each qualifying child.
- Verification. USCIS will verify the information stated in the petition when deciding whether to approve or deny the request for a Family First Preference (F1) visa. If the request is approved, the applicant may be required to submit additional documents and pay a fee for the visa issuance
- Wait for the visa. Once the applicant satisfies the USCIS request for additional documentation and the fee is paid, they will have to wait until their visa becomes available. Please note that 8 U.S.C. § 1151(c) sets an annual minimum family-sponsored preferences limit of 226,000. Wait times are dependent on country of birth of applicant.
- Undergo consular processing. Applicants outside the United States will have to go to the nearest U.S. embassy or consulate to undergo consular processing, which is the final step of the application process. Once the visa is granted, the applicant can come to the U.S. as a holder of the Family First Preference (F1) Visa.
Going through the application process alone may feel frightening and stressful. However, you do not have to do it on your own and can seek the advice and representation of a Family First Preference (F1) Visa lawyer at Naya Immigration.
Preparing for the F1 Visa Interview
Submitting Form I-130 and accompanying documents is half of the process. The other half lies in preparing for the F1 visa interview. Tips on how to prepare for the interview include the following:
- Prepare the necessary documents. The applicant is required to bring a variety of original or certified copy documents to the visa interview.
- Training for all potential questions with a lawyer. There are dozens of questions an applicant could be asked during the interview, including but not limited to questions about their relationship with the parents. An expereinced lawyer will be able to help you prepare for all potential questions based on your situation and train you to provide answers in a confident and timely manner.
A Family First Preference (F1) Visa lawyer at Naya Immigration can help you prepare for the F1 visa interview, explain what to expect, and relieve your stress and anxiety surrounding the process.
Documents Required for a Family First Preference (F1) Visa
The documents that may be required for the F1 visa application process vary from one person to another. However, the following documents are often requested by USCIS when applying for the Family First Preference (F1) Visa:
- Form I-130
- Form I-864
- Two passport-style photos
- Evidence of U.S. citizenship
- A copy of a birth certificate and a valid passport
- A certified copy of police and court records of criminal history
- Documentation showing the relationship between the petitioner and the applicant
Depending on the circumstances of your case, USCIS may request other items. When working with a lawyer, you will be able to gather and submit the necessary documents in a timely manner while also avoiding mistakes when filling out forms.
Family First Preference (F1) Visa Lawyer FAQs
U.S. citizens and adult children of U.S. citizens looking to obtain a Family First Preference (F1) Visa often have many questions about the application process. The FAQ section below is meant to provide answers to some of the questions our lawyers at Naya Immigration encounter when assisting clients with F1 visas:
The Family First Preference (F1) Visa is a type of green card issued to sons and daughters of U.S. citizens as long as they are unmarried and older than 21.
Only unmarried adult sons and daughters of U.S. citizens are eligible for an F1 visa. This visa does not apply to sons and daughters of persons who are green card holders or lawful permanent residents (LPRs) in the United States. Children of LPRs can apply for a F2B visa.
The time frame to get any family-based visa approved varies greatly from one application to another. For some categories, including Family First Preference (F1) visas, it could take as little as five months to get approval, while others may take several years. Also, please note that the processing time may be influenced by the limited number of visas available each year.
Yes, the first step of the application process, which involves submitting Form I-130 and accompanying documents to USCIS, can be completed online.
How Can a Family First Preference (F1) Visa Lawyer Help?
Immigration law can be confusing and is incredibly nuanced. That’s why the process of applying for a Family First Preference (F1) visa may seem daunting and sometimes even disheartening when undertaken without the assistance of a lawyer.
Our qualified and empathic Family First Preference (F1) Visa lawyers at Naya Immigration have a thorough understanding of the immigration process and can take the heavy burden and stress off your shoulders. During an initial consultation, we can assess your situation and explain the options available to you.
We know how important it is to keep families together, which is why we are dedicated to easing your immigration journey. Contact Naya Immigration today to get the guidance and support you need throughout the Family First Preference (F1) Visa application process.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
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