F1 · Visa Bulletin

Applying inside the U.S. (Form I-485)

If your son or daughter is in the U.S. and a visa is immediately available, they may file Form I-485 together with your I-130, while it is pending, or after approval as long as it has not been terminated or revoked; a pending I-130 must ultimately be approved. They must have been inspected and admitted or paroled (with limited exceptions), be physically present when filing, have a visa available both at filing and when USCIS decides, still have the qualifying relationship, not be subject to a bar, be admissible or eligible for a waiver, and merit a favorable exercise of discretion.^[1]

Unlike immediate relatives, F1 applicants generally cannot adjust status if they are not in lawful status on the day they file, failed to keep continuous lawful status since entry (other than through no fault of their own or for technical reasons), ever worked without authorization or otherwise violated the terms of a nonimmigrant admission, or were admitted under the Visa Waiver Program. INA section 245(i) can overcome some of these bars for certain people; an immigration attorney can tell you whether it applies.^[1,2]

While Form I-485 is pending, your son or daughter may generally apply for a work permit (Form I-765) and, before any trip abroad, for advance parole (Form I-131). Leaving the U.S. without advance parole generally means the I-485 is treated as abandoned, and for someone in removal proceedings any departure does; people in lawful H-1, H-4, L-1, L-2, K-3, K-4 or V status have separate rules. A required medical exam record (Form I-693) must be sent with the I-485, or USCIS may reject it.^[1,3]

Applying from abroad

1. 1

   Petition goes to the NVC

   If your son or daughter lives outside the U.S. (or lives in the U.S. but wants to apply abroad), USCIS sends the approved petition to the State Department's National Visa Center (NVC). It stays there until an immigrant visa number is available.^[4]

2. 2

   Fees, documents, interview

   The NVC collects the visa fees and supporting documents and notifies you both when a visa number is about to become available. Once the priority date is current, the consulate schedules an interview and decides whether your son or daughter is eligible for an immigrant visa.^[4]

3. 3

   Entry and Green Card

   After the visa is issued, your son or daughter pays the USCIS Immigrant Fee (USCIS encourages paying before departure) and gives the unopened visa packet to the U.S. Customs and Border Protection (CBP) officer at the port of entry. If admitted, they are a permanent resident, and the Green Card is mailed once the fee is paid.^[4,5]