Key Forms & Process
The process begins by filing Form I-130 (Petition for Alien Relative) with proof of your U.S. citizenship and your child’s birth certificate showing the parent-child relationship. After USCIS approves the petition, the case waits at the National Visa Center (NVC) until a visa number becomes available based on the Priority Date (the date USCIS received your I-130). Once the date is current, we submit Form DS-260 (Immigrant Visa Application) and Form I-864 (Affidavit of Support). Your adult child then attends an interview at the U.S. embassy in their home country. Upon approval, they receive an F1 immigrant visa and enter as a lawful permanent resident.
What We Handle at ZubaidaLaw
Our legal advocates manage every step: filing the I-130 correctly to establish the earliest possible priority date, tracking the monthly Visa Bulletin, notarizing supporting documents (birth certificates, relationship affidavits, translations), and preparing your child for the embassy interview. We also advise on the critical rule: do not marry before the green card is issued. If your child marries, we can help refile under F3, but the wait becomes significantly longer. For adult children already in the U.S. on a student or work visa, we explore Adjustment of Status options to avoid leaving the country.
Call us at 865-382-2900 to check your child’s priority date and determine how long the F1 wait will be for their country.
It's a family-based, first-preference immigrant visa for unmarried sons and daughters (age 21 or older) of U.S. citizens. There is an annual cap of approximately 23,400 visas worldwide.
It depends on your child's country of birth:
Rest of world: 2–5 years
Mexico: 15–20 years
Philippines: 10–15 years
India: 8–12 years
We check the monthly Visa Bulletin to track priority dates.
They lose F1 eligibility immediately. They would need to start over under F3 (Married Sons/Daughters), which has a much longer wait (10–20+ years). We strongly advise waiting until after receiving the green card to marry.
No. F1 is for unmarried children only. They cannot bring a spouse. However, their minor children (under 21 and unmarried) may qualify as derivatives (F2 category, but with additional waits).
I-130 (petition), DS-260 (visa application), I-864 (affidavit of support), plus civil documents (birth certificate, police certificates, medical exam, passport).
The date USCIS receives your I-130. Your child's place in line is determined by this date. Only when the Visa Bulletin shows a cutoff date later than your priority date can they apply for the visa.
125% of Federal Poverty Guideline (approx. $25,550 for household of 2 in 2025). If you don't meet it, a joint sponsor can file Form I-864A or I-864.
Yes, using a tourist visa (B-2) or ESTA. However, they must prove non-immigrant intent (return ticket, job/home abroad) because F1 shows immigrant intent once the priority date is near current.
They may be able to file Form I-485 (Adjustment of Status) once their priority date is current, without leaving the U.S. We handle concurrent filing when eligible.
Yes. We provide document notarization, certified translations of foreign birth certificates, and full legal representation throughout the multi-year F1 process.