GREEN CARDS FOR IMMEDIATE RELATIVES
The term immediate relative refers to a limited group of relatives of U.S. citizens. Immediate relatives are: spouses, parents, and children of U.S. citizens. In this case the term child is defined as unmarried and under 21 years of age. Only a U.S. citizen who is 21 years of age or older may petition for immigration benefits for his/her parent/s. The immediate relative category has many advantages; one of which, in effect, is that it is not subject to the numerical limitations and backlogs that apply to the preference relative categories. This means that there is always immediate availability of visa numbers.
HOW YOU CAN QUALIFY
Under U.S. immigration laws, immediate relatives include:
• Spouses of U.S. citizens (IR-1);
• Unmarried children under 21 years old of U.S. citizens (IR-2);
• Orphans adopted abroad by U.S. citizens (IR-3);
• Orphan to be adopted in the United States by U.S. citizens (IR-4); and
• Parents of U.S. citizens who are at least 21 years old.
Immediate relatives are permitted to get green cards without any quota restrictions. As a practical matter, most immediate relatives are able to become permanent residents within 12 months.
The U.S. citizen must petition for each immediate relative individually. For instance, if a U.S. citizen woman marries a man with 2 young children, she must submit 3 separate I-130 visa petitions to the USCIS, one for her spouse and one for each of her step-children. Each of these beneficiaries is required to submit a separate application for a green card.
If the marriage on which the immediate relative relationship is based is less than 2 years old, the spouse and children (if any) will receive 2-year green cards.
Green Cards for Immediate Relatives FAQ
- What is the benefit of being an immediate relative of a U.S. citizen?
You can be sponsored for a green card by your U.S. citizen relative, and there are no numerical quotas.
The numerical limit for other family-based categories is 226,000 green cards annually. The waiting times range from a relatively short period of time to over 20 years for non-immediate relatives to get green cards.
2. Who qualifies as an immediate relative?
You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or The parent of a U.S. citizen if the U.S. citizen is at least 21 years of age.
3. If I am an immediate relative, and have overstayed my status in the U.S., am I still eligible to adjust my status to green card holder without having to leave the U.S.?
Yes, as long as you entered the U.S. lawfully, you can apply for adjustment of status no matter how long you have overstayed your temporary status in the U.S.
4. If I am an immediate relative, and entered the U.S. unlawfully, can I adjust my status in the U.S.?
Probably not unless you qualify under Section 245i of the Immigration and Nationality Act.
Your relative can submit an I-130 visa petition to sponsor you for a green card. However, you will have to go abroad and apply for a green card at a U.S. Embassy or Consulate.
Depending on how much unlawful presence you have in the U.S., you may need to apply for an I-601A unlawful presence waiver before leaving the U.S.
Requirements
- The sponsoring U.S. citizen relative must file Form I-130 on behalf of the foreign national relative.
- If the foreign national relative is in the United States, it may be possible to request adjustment of status to permanent residence (Form I-485); if outside the U.S., the case will proceed via consular processing for an immigrant visa.
- The qualifying relationship must be documented. Biological relationships generally are proven via birth records and related proof of the familial relationship.
- Spouses must establish the existence of a legal marriage, as well as proof that the marriage is bona fide (not entered into primarily for purposes of gaining immigration benefits).
- If married for less than two years, the foreign national spouse will receive conditional permanent residence, valid for a two-year period. Removal of the conditions requires a later filing, again documenting the bona fide marriage.
- Filing for a relative generally requires an affidavit of support, establishing that the relative will not become a public charge.
How We Can Help You
- The Wang Law Firm regularly represents individuals who are seeking immigration benefits for or through family members.
- We provide advice to those exploring family-based immigration options, as well as full-scope representation throughout the family-based immigration case process.
- There are multiple steps and multiple forms required throughout the process of requesting family-based immigration benefits. We guide our clients through each step, and help them to unify their families in the United States.
For Immediate Relative news, information, complexities, and options, as well as Wang Law Firm success stories in such cases, see the Family-Based, Permanent Resident page. You may also search the site for a particular topic, and narrow your search by category.