F1 VISA FOR CHILDREN OF US CITIZENS
The F-1 Visa allows U.S. Citizens to petition their adult unmarried children to obtain a visa to immigrate to the U.S. While there is a limit to the number of Visas issued under this category, once the F-1 Visa is approved, it allows the applicant(s)/beneficiary(s) to study, travel, and live in the U.S.
The F-1 visa category is considered a family “preference immigrant category” under the first preference which means that there is a waiting period and limits to the number of visas issued each year, and you must wait until your priority date becomes current before you apply. This waiting period depends on the immigrants’ country of birth.
At Tsang & Associates, we have a long history of helping thousands of clients successfully file for the F-1 Family-Based Visa and will help our clients complete the process from beginning to end.
Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.
Our typical fee for a standard F-1 petition is $1,500 , not including government fees and third-party expenses. We are happy to customize a proposal for yours during a consultation. Please see below for more information.
CASE PROCESSING OVERVIEW
Step 1: Strategy Session for the F-1 Immigrant Visa
This is the most crucial step for your entire F-1 Immigrant Visa. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.
Step 2: Prepare and Submit the F-1 Visa and I-130 Application to USCIS
Our team will gather, complete, package, and ensure all the documents provided support your case to enhance your chances of getting approved.
Step 3: Await Approval of the I-130 Petition
Once the I-130 Petition is approved by USCIS, the case will be subsequently be transferred to the National Visa Center (NVC) for further processing.
Step 4: Await the priority date to apply and Submit the Required Documentation to the National Visa Center (NVC)
The F-1 visa is considered as a family-sponsored preference category visa, which means there will be a waiting period due to the limited number of visas that are expedited per year. Keep in mind that the preference category of your case should be available to apply, according to the NVC Visa Bulletin. Our team will explain to you how to monitor your case and check the availability to apply. Once the priority date becomes available, we will guide you throughout this process and ensure that the NVC has all the documentation needed to continue to process your case in a timely manner.
Checklist of Required Evidence
If you are a derivative applicant (spouse or child), you should submit the following evidence to apply for a Green Card under a family-based preference immigrant category:
- Form I-485, Application to Register Permanent Residence or Adjust Status;
- Copy of documentation showing your relationship to the principal applicant, such as a marriage certificate, birth certificate, or adoption decree;
- Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑130 (unless you are filing your Form I-485 together with the principal applicant’s Form I‑485);
- Copy of the Form I-797, Approval or Receipt Notice, for the principal applicant’s Form I‑485 or a copy of the principal applicant’s Green Card (if not filing together with the principal applicant’s Form I-485);
- Two passport-style photographs;
- Copy of your government-issued identity document with photograph;
- Copy of your birth certificate;
- Copy of your passport page with nonimmigrant visa (if applicable);
- Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
- Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)
- Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;
- Proof that you have continuously maintained a lawful status since arrival in the U.S.;
- Form I-864, Affidavit of Support, or I-864EZ, Affidavit of Support Under Section 213A of the Act;
- Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
- Certified police and court records of criminal charges, arrests, or convictions (if applicable);
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
- Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
- Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement);
- If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities. Additionally, if you are a French national, you may also need to include Form I-508F;
- Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).
Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see USCIS’ Filing Fees and Fee Schedule for more information.
The updated filing fee for F-1 can be found here.
Who can apply for the F-1 Visa?
In order to be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:
- You properly file your Form I-485:
- Together with the principal applicant’s Form I-485 (and the principal applicant’s Form I-485 is ultimately approved);
- While the principal applicant’s Form I-485 is still pending with USCIS (and the principal applicant’s Form I-485 is ultimately approved);
- After USCIS approves the principal applicant’s Form I-485, as long as:
- The principal applicant is still a lawful permanent resident, and
- You were the principal applicant’s spouse or child at the time USCIS approved his or her Form I-485; or
- After the principal applicant obtained an immigrant visa and was admitted into the United States as a lawful permanent resident, as long as:
- The principal applicant is still a lawful permanent resident, and
- You were the principal applicant’s spouse or child at the time he or she was admitted into the United States.
- You are currently the principal applicant’s spouse or child;
- You were inspected and admitted or inspected and paroled into the United States;
- You are physically present in the United States at the time you file your Form I-485;
- An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin.)
- None of the applicable bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
- You merit the favorable exercise of USCIS’ discretion.
SAMPLE & TEMPLATES
Attorney Brief: [coming soon] We will provide an attorney brief sample for the I-130 petition.
Cover Letter: [coming soon] We will also provide a cover letter sample for the I-130 petition.
Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.
Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.
FREQUENTLY ASKED QUESTIONS
How long is the F-1 visa application process?
The processing time for an F-1 visa petition and application can take a long time due to the annual cap on the number of visas issued.
The typical wait time for relatives within this category is eight years. For citizens of the Philippines and Mexico, the wait time is more than 15 years.
What is the application cap for F-1 visas?
Currently, only 23,400 visas are issued for this preference category.
The excess number of petitions are rolled over to subsequent years in chronological order until their priority dates become current. The U.S. Department of State publishes the cut-off dates for priority dates each month in the visa bulletin.
What happens if a child gets married while waiting for a visa number to become available?
SCHEDULE A SESSION
Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.