Son or Daughter of U.S. Citizen

Because there is a limit as to the number of "unmarried sons and daughters over the age of 21" of a U.S. citizen in a given year, there is a waiting period before an immigrant visa number becomes available. Unmarried sons and daughters of a U.S. citizen are categorized under the First Family Preference Category (F1).

There are two ways for an Unmarried Son or Daughter to obtain permanent residence:

  1. If the unmarried son or daughter is legally in the United States, the U.S. citizen parent must file a petition and it must be approved. You must wait for your priority date in your Family Preference Category to become current. Your priority date is the date when the petition was filed. Once the priority date is current, the unmarried son or daughter may adjust status.
  2. If the unmarried son or daughter is outside the United States, he/she may become a legal permanent resident through consular processing. Consular processing is when the U.S.C.I.S. works with the U.S. Department of State to issue a visa from an approved petition when it is available. Under consular processing, the Department of State will issue the visa (if approved). Once the child travels on the immigrant visa, s/he will become a legal permanent resident when admitted at a U.S. port of entry.

Things to keep in mind:

  1. Getting Married: If you are the unmarried son or daughter of a U.S. citizen and get married prior to becoming a permanent resident, then you no longer qualify as an "Unmarried Son or Daughter of a U.S. Citizen" and will convert to the "third preference" (F3) category "Married Son or Daughter of a U.S. Citizen." This change in categories may result in a significant delay in your immigrant visa becoming available. After a petition has been filed, the unmarried son or daughter must notify U.S.C.I.S. of any change in his/her marital status and prior to becoming a permanent resident or obtaining an immigrant visa.  
 
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