Q: Can I apply for a family-based green card as an unmarried daughter of an American citizen?
I am a Canadian citizen currently residing in the U.S. on an H-1B visa for the past 5.5 years. My employer is in the early stages of sponsoring my green card application. However, I am exploring if I can apply for a family-based green card as a first preference since I am the 28-year-old unmarried daughter of an American citizen. My mother, who was born in California, holds an American citizenship but has lived outside the U.S. since childhood. What are my options for applying for a green card through family sponsorship, considering this context?
A: A US citizen parent can file an immigrant petition for a child over 21 but getting a green card through this route would take a very long time...over 10 years
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A:
You can definitely apply for a family-based green card as the unmarried adult daughter (over 21) of a U.S. citizen. Your eligibility falls under the family-sponsored first-preference category, known as F1, designed specifically for unmarried adult children of American citizens. Your mother's citizenship and birthplace in California qualify her to sponsor you, even though she's been living abroad since childhood. However, your mother will need to demonstrate her intention to re-establish residence in the United States upon your approval.
Since you're currently in the U.S. legally on an H-1B visa, you have the option of filing an Adjustment of Status application simultaneously with an I-130 petition, provided your priority date is current. This concurrent filing allows you to remain in the U.S. and continue working while your application is processed. You'll need to check the Visa Bulletin regularly, as wait times for F1 preference can vary considerably.
Meanwhile, because your employer has already started employment-based green card proceedings, you have the benefit of exploring both pathways simultaneously. Evaluating processing times, priority dates, and personal circumstances will help you determine which route best suits your needs. Consulting an immigration attorney would provide clarity on the specifics of your case, ensuring you make the most informed decision possible.
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