F1 Visa Processing Time
Summary
The processing time for an F1 family-based immigrant petition can vary from 7 to 20 years, depending on factors like the applicants country of origin and the annual visa cap. If the applicant is in the U.S., they may adjust their status once their priority date becomes current, provided they maintain lawful status. Marrying a U.S. Citizen offers a faster route, as immediate relatives are not subject to visa caps, and the process generally takes 10-13 months. Concurrent filing of Form I-130 and Form I-485 is possible in marriage-based cases.Full Conversation
What if the applicant is in the Applicant is in the US?
If the applicant is already in the U.S., they may be eligible to adjust their status to permanent resident once their priority date becomes current. Here are some key points:
- They must be in lawful status.
- They must not have violated the terms of their visa.
- The applicant can file Form I-* (Application to Register Permanent Residence or Adjust Status).
Would you like more details on the adjustment of status process?
But they would have to wait several years either way?
Yes, they would still need to wait several years for their priority date to become current. The waiting time can vary based on several factors, but it is generally a lengthy process.
Is there anything else you would like to know about the process or any other legal questions you have?
What about marriage to a us citizen?
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If the applicant marries a U.S. citizen, they can file for a green card through a marriage-based petition. Here are some key points:
- Immediate relatives (spouses, parents, and children under *) of U.S. citizens are not subject to visa caps.
- The process generally takes around *-13 months.
- The applicant must file Form I-* (Petition for Alien Relative) and Form I-* (Application to Register Permanent Residence or Adjust Status).
Would you like more details on the marriage-based green card process?
Can the two forms be filed together in this case?
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Yes, if the applicant marries a U.S. citizen, they can file Form I-* (Petition for Alien Relative) and Form I-* (Application to Register Permanent Residence or Adjust Status) together. This is known as concurrent filing.
Do you have any other questions about this process?