If you and your family currently reside in a foreign country, but your parents live in the United States, you may wonder whether a legal pathway exists to reunite with them. Please continue reading to learn who is eligible for the F3 visa and how our knowledgeable Essex County Family Immigration Attorneys can help you navigate this complex legal process.
Who is Eligible for an F3 Visa?
The F3 visa falls under the preference relative category of U.S. family visas. Only married children aged 21 and above of U.S. citizens, their spouses, and minor children can receive an F3 visa. To qualify for an F3 visa, the applicant must satisfy the following requirements:
- They must have a parent who is a U.S. citizen (proven by presenting adoption papers or a birth certificate)
- They must be at least 21 years old
- They must be married (proven by presenting a valid marriage certificate)
In addition, the parent planning to sponsor a family member must be a U.S. citizen and reside at a valid U.S. address. It’s important to note that the U.S. sponsor must prove that they have an adult child in a foreign country by presenting a birth certificate or adoption papers.
How to Apply?
The F3 visa application process is undoubtedly long and complex. The critical steps of the application process include:
- File Form I-130, Petition for Alien Relative: The U.S. citizen parent must petition the married child and family to become a permanent resident.
- Receive USCIS approval: The United States Citizenship and Immigration Services (USCIS) will evaluate the petition. The documents will be endorsed to the National Visa Center (NVC) if approved. Remember that if you, the applicant’s spouse, and children will accompany them to the U.S., this information must be included in the petition. The NVC will then provide the applicant and their sponsoring family with instructions and documents in a pack on the next steps of the process.
- Wait for a visa to become available. Depending on the circumstances, you may not be able to begin the application process immediately. It’s crucial to understand that family green cards have a cap, which means a limited number of visas are available each fiscal year. Once the quota of 23,400 is met, you will have to wait until the following year to apply. Essentially, you must wait for your priority date to become current to obtain an F3 visa.
- Claim the F3 visa. Once the priority date becomes current, you must complete Form DS-260, “Immigrant Visa Electronic Application,” for each family member.
- Complete necessary documentation: Applicants must undergo a medical examination and receive mandatory vaccinations. They must also gather the documentation to complete the visa application and consular interview.
- Attend consular interview: If you are filing from outside the U.S., you will receive your final approval upon completing the consular interview with a USCIS officer. If you legally reside in the country, you can modify your residency status.
If you believe you qualify for an F3 visa, please don’t hesitate to contact an adept attorney from the Law Offices of Christopher T. Howell, Esq., who can assess your situation and help you navigate toward your goals.
