What is An Immediate Relative Visa?

As its name implies, immediate relatives are those closest to a sponsor. They thus can receive their green cards more quickly than other categories of family-based immigration because they do not compete against non immediate relatives for limited visas each year.

Applying for the Visa

Once a petition for an immediate relative has been approved by USCIS, an immigration visa number will become immediately available. To submit such an application, you must file Form I-130: Petition for Alien Relative; to establish your relationship, you should include documents like photos and supporting evidence such as letters.

Once approved, a petition will be transferred to the National Visa Center (NVC), which will process it and prepare the immigrant for an interview at one of the United States Embassies or Consulates abroad. For their interview to go smoothly, they receive their visa and a sealed immigration packet.

The National Visa Center will notify applicants when their priority date has become current and any additional documentation they must submit to apply for a green card. Priority dates are typically determined by submitting Form I-130; however, in some instances, this could take several years before becoming current.

Sponsors must meet certain minimum income requirements to sponsor an immigrant, which are determined based on poverty guidelines updated annually by the federal government. Typically, household income must meet or surpass 125% of poverty guidelines for their family size (whether this can be achieved solely through income or assets).

Sponsors may count cash assets such as:

• Savings accounts
• Stocks
• Real estate

File Form I-130, Petition for Alien Relative

Form I-130, Petition for Alien Relative, must be filed with USCIS by a U.S. citizen or lawful permanent resident to petition a foreign relative seeking entry to the United States. The petitioner submits this petition, and the relative receiving it is known as the beneficiary.

The petitioner must present proof of their relationship to the beneficiary, such as birth certificates or official documents. Furthermore, they may need to submit additional documentation in the form of school records or written statements from family members.

Learn about what to do after I-130 approval

Receive Notice of Approval from USCIS

Once USCIS has approved a petition, an original approval notice will be provided to the applicant for travel abroad, border crossings, or to complete their green card process (if applicable).

USCIS will only approve petitions when all necessary information and documentation are provided, or additional evidence may be needed. If it feels more information is necessary, USCIS may issue a Request for Evidence that must be fulfilled within its designated timeline, or the petition will be denied.

Once a petition has been approved, it is sent to the National Visa Center (NVC). Here’s what happens next:

• They review your application and all associated documents
• Conducts a background check
• Collects immigrant visa fees and support agreements
• Schedule an interview and medical examination as necessary
• This step of the immigration process typically lasts the longest of any step taken so far
• Submit Form DS-260, Immigrant Visa Application

Once USCIS approves your petition, it will forward it to the National Visa Center (NVC), which will then take your case to an embassy or consulate of the U.S.

The National Visa Center will send a communication asking you to begin submitting the DS-260 online. Input your NVC case number, invoice ID, and sponsor information before paying mandatory fees online, including processing fee and Affidavit of Support fee.

Prepare Required Documentation for Submission

Individuals applying for an immediate relative visa should be prepared to answer questions regarding their family relationships and demonstrate that they possess sufficient funds to support themselves once in the US. Therefore, those sponsoring them must complete and submit an Affidavit of Support form.

Applicants should be mindful that they may require extra steps to gain admission to the United States, such as undergoing a medical examination and receiving certain vaccinations, such as the COVID-19 vaccine. Furthermore, applicants should also be mindful of potential scam artists operating near U.S. embassies and consulates that could put their admission at risk.

Attend a Visa Interview at the U.S. Consulate

Once your visa is approved, your foreign spouse and children (if applicable) will receive notice to attend an interview at a USCIS District Office and be required to submit fingerprints for fingerprinting purposes during this interview.

After you submit all necessary documents to the NVC, a background check will be conducted. After that, review the immigrant visa and affidavit of support fee invoices and schedule an interview at an American Embassy or Consulate near your foreign relative’s home; approved petitions, applications, and documentation will then be forwarded directly to them for final processing.

Undergo a Medical Examination & Vaccinations

Medical exams are an integral step in the immigration application process. Conducted by a physician appointed by the Embassy, these exams must include specific vaccinations and an analysis of an applicant’s medical histories.

Immediate relatives are exempt from quota restrictions that restrict the number of immigrants from certain countries and categories who can enter the U.S. each year, but they still must meet all visa and entry requirements to gain admittance to the U.S. Choose the best immigration lawyer to gain more insight into this process and see whether you qualify for immediate relative status; otherwise, alternative solutions exist to bring loved ones to America.

The Immediate Relative Visa provides a streamlined pathway for U.S. citizens to sponsor their closest family members for immigration to the United States without being subject to the annual visa quotas that apply to other family-based categories. Working with an immigration lawyer can ensure a smooth and successful application process, addressing any complexities.

Colavecchio & Colavecchio Law office fulfill your future with expert immigration assistance. We understand that it’s difficult for you to wait to get a green card. So, we will help you out with our Immediate Relative Visa consultation and services. 

At Colavecchio & Colavecchio Law Office, we specialize in Green Card applications, Citizenship processes, and Provisional Waivers (I-601A). Let our experienced team guide you through every step of your journey. Contact us today to start making your American dream a reality!