Immigration Topics Explained:

Immediate Relative Categories

The U.S. immigration system has two major categories of family-based immigrants: immediate relatives and family preference. If a U.S. citizen or permanent resident petitions a foreign family member, the immigrant will fall into one of these two categories. The categories define the type of relationship that the immigrant has with the U.S. sponsor, and to a large extent, the priority that the immigrant will receive in obtaining a green card. The immediate relative categories are the most desirable.

Advantages for Immediate Relative Categories

Why are IR categories so desirable?

Immediate relatives have a major advantage in the U.S. immigration system. Unlike family preference applicants, they don’t face long visa backlogs. The U.S. government makes an unlimited number of immigrant visas available for immediate relatives of U.S. citizens. That means there’s no waiting for a visa number.

Immediate relatives may also avoid certain bars to adjustment of status. For example, an intending immigrant who overstayed a visa or worked without authorization can often still adjust status inside the United States. This unique benefit is not available to most other family-based immigrants.

In contrast, family preference categories are subject to annual visa limits, leading to wait times that can stretch 10 to 20 years or more depending on the category and country of origin.

Immediate Relative Categories Available

Which relatives can I petition?

There are only a few immediate relative categories available. They are reserved for the spouse, unmarried children and parents of U.S. citizens. The specific categories are:

Spouse of a U.S. citizen
Unmarried child (under 21 years of age) of a U.S. citizen
Orphan adopted abroad by a U.S. citizen
Orphan to be adopted in the United States by a U.S. citizen
Parent of a U.S. citizen (who is at least 21 years old)

If you do not fit one of these categories, you may fit into the family preference categories.

Eligibility

What are the requirements for a green card?

The family-based immigration process generally begins with the U.S. citizen or permanent resident sponsor filing Form I-130, Petition for Alien Relative. The I-130 petition establishes a qualifying relationship and is a request for a visa number.

To immigrate through the immediate relative categories, there are several requirements:

The sponsoring U.S. citizen relative must file Form I-130, Petition for Alien Relative, on behalf of the foreign national relative. The petition is used to establish a valid immediate relative relationship between the petitioner and the foreign family member.

To qualify as an immediate relative, your family member must be a spouse, unmarried child (under 21 years of age), or parent. (To petition a parent, the U.S. petitioner must 21 years of age or older.)

To qualify as an immediate relative, your family member must be a spouse, unmarried child (under 21 years of age), or parent.

The qualifying relationship must be documented with evidence. When filing Form I-130, you'll send birth records (i.e. official birth certificate) to establish biological relationships or a marriage certificate to establish a marital relationship. Spouses must also provide proof that the marriage is bona fide (not entered into primarily for purposes of getting a green card).

If you're using CitizenPath to prepare your adjustment of status package, we'll guide you through all of the documents that you'll need to submit with your application. Get started now >>

The U.S. citizen is responsible for filing the I-130 petition to start the process, but the immediate relative is responsible for actually applying for the green card. The immediate relative can apply in one of two ways:

Consular processing is the process of obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate. If the family member is physically outside the United States, this is the only available option. Learn more about consular processing >>
Adjustment of status is the process that a non-immigrant visitor (e.g. student, tourist, etc.) uses to change status to a permanent resident from inside the United States. In other words, if the immediate relative is already in the U.S. with a temporary visa, he or she may "adjust status" to permanent resident. Learn more about adjustment of status >>

There are additional requirements for adjustment of status applicants. For example, the immediate relative must have lawful entry into the United States.

The U.S. citizen relative must prepare Form I-864, Affidavit of Support on behalf of the intending immigrant. USCIS generally requires the Affidavit of Support from family-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.

If the immigrant family member is not able to support himself or herself financially, the U.S. citizen promises to provide financial support. To do this, the U.S. citizen must generally have an income that is at least 125 percent of the federal poverty guidelines. If the sponsor's income does not meet the requirement, additional sponsors or a joint sponsor may participate as well. Learn more about financial sponsor for family-based green cards.

Even with a qualifying immediate relative relationship, the intending immigrant must demonstrate that he or she is not inadmissible to the United States. In other words, they’ll need to demonstrate that they don’t pose a danger to U.S. society on health, security, immigration violation, or criminal grounds. There are several grounds of inadmissibility, including:

Health
A USCIS designated physician must perform a medical examination for the immediate relative. The examination is required to establish that an applicant is not a public health risk such as a carrier of a disease that presents a public health risk, or having a dangerous physical or mental disorder.
Immigration Violations
With few exceptions, the applicant must have a lawful entry to the United States. Immigration officers will review the intending immigrant's immigration history. For certain categories, they will likely deny the application if the intending immigrant has overstayed a visa by six months or more. The government will also seek to determine if a visa (if applicable) has ever been misused.
Criminal Record
The intending immigrant will certainly run into problems if he or she committed certain crimes, like aggravated felonies, drug crimes, or acts of terrorism.

In fact, there are additional grounds of inadmissibility. If there's a reason that any of the above requirements could be an issue, we recommend that you contact an experienced immigration attorney before filing any USCIS form. In some cases and in certain situations, a waiver may be available.

Note: U.S. citizens may also sponsor a foreign fiancé to come to the United States for the purpose of marriage and acquiring a green card. Learn about the K-1 visaf for fiancés →

Green Card Application Process

How do I apply for a green card as an immediate relative?

Once USCIS approves the I-130 petition and a visa number becomes available, the foreign family member can apply for a green card in one of two ways: consular processing or adjustment of status.

Consular processing takes place at a U.S. embassy or consulate abroad and is the most common path to obtain a green card.

Adjustment of status is available to certain immigrants already in the United States on a valid visa (such as an F-1 student, B-2 visitor, or H-1B worker). It allows them to apply for a green card without leaving the country. In some cases, eligible applicants may even file Form I-130 and Form I-485 together, streamlining the process.

Consular Processing

Consular processing is a path for obtaining an immigrant visa (green card) from outside the United States at a U.S. embassy or consulate.

LEARN MORE

Adjustment of Status

Adjustment of status is a path of changing status from a nonimmigrant visitor to permanent resident from inside the U.S.

LEARN MORE

Inapplicability of Bars to Adjustment

Are immediate relatives exempt from certain violations?

Certain adjustment bars (INA 245 (c)) do not apply to immediate relatives of U.S. citizens. Generally, foreign nationals must be in a lawful status in order to adjust status to permanent resident. In other words, a visa overstay can result in a denial. Likewise, unauthorized employment in the U.S. is a bar to adjustment. If the foreign national has ever engaged in unauthorized employment, whether before or after filing an adjustment application, it can result in a denial.

There is an exception for the immediate relative categories. Applicants in these categories may successfully apply for a green card despite these violations. An adjustment applicant applying as an immediate relative may be eligible to file Form I-485 (adjustment of status application) even if they:

Are now employed or have ever been employed in the United States without authorization;
Are not in lawful immigration status on the date they file the adjustment application;
Have ever failed to continuously maintain a lawful status since entry into the United States; or
Have ever violated the terms of their nonimmigrant status.

Form I-130, Petition for Alien Relative

Use Form I-130 (Petition for Alien Relative) to start the immigration process for a family member. Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right.

each year an average of

I-130 petitions are filed*

out of these

get rejected*

and another

get denied*

* Data based on USCIS Forms Data and Lockbox Rejection Data.

How CitizenPath Helps You Prepare the I-130 Petition

How do I prepare Form I-130?

CitizenPath’s affordable online service makes preparing Form I-130, Petition for Alien Relative, simple and stress-free. Created by immigration lawyers, our Immigrant Visa Petition Package helps you avoid the common mistakes that cause delays or denials. You’ll get step-by-step guidance, problem alerts, and personalized filing instructions based on your situation.

It’s a powerful do-it-yourself tool that keeps you in control — with live customer support and a money-back guarantee if USCIS doesn’t approve your petition.