Immediate Relatives of an U.S. Citizens
Family-based immigration allows U.S. citizens to sponsor their relatives to come and live permanently in the United States. This process is a crucial way to reunite families and provide them with the opportunity to build a life together in America.
What is an Immediate Relative
The visa for immediate relatives of U.S. citizens is an immigrant visa that allows qualifying family members to become lawful permanent residents (green card holders).
Relatives of U.S. Citizen who are eligible for Immediate Relative Visa:
- Spouse of a U.S. Citizen
- Unmarried Child Under 21 of a U.S. Citizen, the term “Child” encompasses biological children, step children as well as adopted children
- Parent of a U.S. Citizen (if the U.S. citizen is at least 21 years old)
Benefits of the the Immediate Relative Visa
- No Numerical Limitations: Unlike other family-based visas, there are no annual caps on the number of visas available for immediate relatives, allowing for quicker processing.
- Pathway to Permanent Residency: Immediate relatives can apply for a green card, providing them with the right to live and work in the U.S. permanently.
- Concurrent Filing: Eligible applicants can file for their green card (Form I-485) concurrently with the I-130 petition, streamlining the process.
Eligibility Requirements for the Visa
To be eligible for the immediate relative visa, applicants must meet the following criteria:
- The applicant must be an immediate relative of a U.S. citizen
- The U.S. citizen must file a separate Form I-130 petition for each immediate relative.
- The relationship must be legally recognized
- The U.S. Citizen must be able to financially support the applicant(s)
Supporting Documents to Evidence the Legal Relationship
Spouse
A marriage must be recognized in the country and a legal marriage certificate must be issued. Spouses of a U.S. Citizen must provide additional evidence of the Bona Fides of the marriage. The term bona fides refers to the authenticity or good faith of a marriage, indicating that the relationship is genuine and not solely for the purpose of obtaining immigration benefits. To establish the bona fides of a marriage couples must provide substantial evidence demonstrating the legitimacy of their relationship. This evidence goes beyond just a marriage certificate and may include joint financial documents (like bank statements or tax returns), proof of cohabitation (such as lease agreements or utility bills), photographs from significant life events (weddings, vacations, family gatherings), and affidavits from friends and family who can attest to the couple’s relationship. The goal is to paint a comprehensive picture of a shared life together, showcasing that the marriage is based on love and commitment rather than convenience.
Child
For a biological child, the primary evidence required is a birth certificate that clearly shows the names of the parents. This document serves as the most straightforward proof of the parent-child relationship.
For a stepchild, the evidence must demonstrate that the stepparent married the child’s biological parent before the child turned 18. This can include the marriage certificate of the stepparent and the biological parent, along with the child’s birth certificate. Additional documentation, such as joint financial records or proof of cohabitation, can further substantiate the relationship.
In the case of an adopted child, the petitioner must provide a final adoption decree that confirms the legal adoption process was completed before the child turned 16 (or 18 in certain circumstances). This decree should be accompanied by the child’s birth certificate, if available, and any relevant documentation that shows the adoption was finalized according to the laws of the jurisdiction where it occurred.
Petitions for step and adopted children may be complex, we recommend speaking to an attorney to confirm eligibility.
Parent
The primary document required is the U.S. citizen’s birth certificate, which must show the names of both the U.S. citizen and their parent. This document serves as the foundational proof of the biological relationship.
In cases where the parent is a step-parent, the U.S. citizen must also provide their marriage certificate to the biological parent, demonstrating that the marriage occurred before the stepchild turned 18. Additionally, if the parent has been legally adopted, a final adoption decree is necessary to establish the legal relationship. Petitions for step and adoptive parents may be complex, we recommend speaking to an attorney to confirm eligibility.
Conditional Residency (CR1)
The primary distinction between an Immediate and Conditional Resident Green Card is in the duration of the marriage at the time of application. The Conditional Resident Green Card is for couples married for less than two years, granting conditional permanent residency for two years. In contrast, the Immediate Resident Green Card is for couples married for more than two years, providing permanent residency without conditions for ten years.
To maintain permanent residency after the two-year period, Conditional Resident Green Card holders must file Form I-751, Petition to Remove Conditions on Residence. This form must be filed within the 90-day period before the conditional green card expires. For more information please visit our dedicated page on Form I-751.
Eligibility for Future Extensions or Change to Other Visa Types
Immediate relatives do not need to worry about extensions, as their immigrant visa allows for permanent residency. However, if they are in the U.S. on a temporary visa, they may need to adjust their status to become a permanent resident. They cannot change to another nonimmigrant visa type while their immigrant petition is pending.
What We Do
- Provide assistance in preparing Form I-130 on behalf of an Immediate Relative with USCIS and the National Visa Center
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to Greencard Holders in the United States that wish to apply for Form I-485, Adjustment of Status, Form I-751 Removal of Conditions, Form I-90 Renewal of Green Card or Form N-400 Citizenship
Family-based immigration is a vital process that helps reunite families and allows them to build a life together in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Take the first step towards bringing your family together! Contact our firm today for a consultation and let us help you start your journey toward securing an Immediate Relative Green Card for your family.
Application Process for Immediate Relative Visa
The application process for obtaining a family-based Green Card involves several steps:
Step 1 | Filing the Petition The U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the beneficiary. |
Step 2 | Wait for Approval Processing times for Immediate relatives is anywhere from 4-18 months depending on the office processing the petition. USCIS provides a tool to check the published processing time and provides an avenue to inquire about the petition if the processing times exceed the published duration. |
Step 3 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
|
Frequently Asked Questions
immediate relative
- How long does the immediate relative visa process take?
The processing time varies depending on the specific circumstances of your case, but immediate relative visas generally have shorter processing times compared to other family-based visas.
- What is the Immediate Relative Classification Number on my Green Card?
– IR-1: Spouses of U.S. citizens.
– IR-2: Unmarried children under 21 of U.S. citizens.
– IR-3: Orphans adopted abroad by U.S. citizens.
– IR-4: Orphans to be adopted in the U.S. by U.S. citizens.
– IR-5: Parents of U.S. citizens who are at least 21 years old.
- What happens if my immediate relative visa petition is denied?
If your petition is denied, we will review the reasons for the denial and explore options such as filing an appeal or reapplying with additional evidence.
- Can my immediate relative work in the U.S. while their Green Card application is pending?
Yes, immediate relatives may be eligible for work authorization while their Green Card application is pending. Our attorneys can help determine eligibility and assist with the application process.
- Can my immediate relative travel outside the U.S. while their application is pending?
Travel may be possible, but it depends on the specific circumstances and type of application. It’s important to consult with an immigration attorney to understand the implications and obtain any necessary travel documents.
- Is there a limit to the number of immediate relatives I can sponsor?
There is no limit to the number of immediate relatives you can sponsor. Immediate relative visas are not subject to annual numerical limits, which helps expedite the process.
- Can I sponsor multiple immediate relatives at the same time?
Yes, there is no limit to the number of immediate relatives a U.S. citizen can sponsor. Immediate Relative visas are not subject to annual numerical limits.
- Do Immediate Relative visas have priority dates?
No, Immediate Relative visas do not have priority dates and are not subject to annual numerical limits, which generally makes the processing faster compared to other family-based visa categories.
- What should we expect during the Immediate Relative visa interview?
During the visa interview, consular officers will ask questions to verify the legitimacy of the relationship and ensure all eligibility requirements are met. It’s important to be honest and provide accurate information.
- Can my immediate relative adjust their status if they are already in the U.S.?
Yes, if your immediate relative is already in the U.S. on a valid visa, they may be eligible to adjust their status to become a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Navigation
