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Immediate Relatives enjoy special immigration priority and do not face quotas; therefore, they do not need to wait for their visa application to become available. However, certain eligibility criteria for immediate relative visas must be met, and valid documents must be provided as proof of relationship.
What is An Immediate Relative Visa?
Immediate Relative Visas are U.S. immigrant visas available to close family members of U.S. citizens. These include the spouse (IR1/CR1), unmarried children under 21 (IR2), parents (IR5), and certain orphaned children adopted abroad (IR3) or to be adopted in the U.S. (IR4). Unlike family preference visas, Immediate Relative Visas are not subject to annual quotas, allowing them to immigrate more quickly.
- The U.S. citizen must file a Form I-130, Petition for Alien Relatives to apply.
- Once approved, the applicant applies for the immigrant visa through consular processing at a U.S. embassy or consulate.
- Alternatively, if the beneficiary is already in the U.S., they may adjust their status by filing Form I-485.
- The process can take several months to a year, depending on various factors, but priority is given due to the nature of these visas.
Learn about what to do after I-130 approval.
What Are the Benefits of an Immediate Relative Visa?
The Immediate Relative Visa offers a fast-track pathway for close family members of U.S. citizens to obtain lawful permanent residency, bypassing the lengthy waiting periods typically associated with other visa categories. This visa type is particularly appealing due to its flexibility, priority processing, and the opportunity it provides for families to reunite quickly and settle in the United States. It’s an ideal option for those seeking a more streamlined immigration process.
- No annual limits or quotas
- Expedited processing times
- Path to lawful permanent residency (green card)
- Ability to live, work, and study in the U.S.
- Eligibility for U.S. citizenship in the future
Immediate family visas offer several distinct advantages over Family Preference visas. There are no annual numerical restrictions or renewal deadlines, making the application process significantly faster. However, it can still be complex, so it is vital that deadlines and requests for evidence by USCIS are met promptly.
Another major distinction between Immediate Relative and Family Preference visas lies in how certain barriers to admissibility apply differently for each. For instance, petitioners with criminal records might not qualify as Family Preference applicants due to past immigration violations. At the same time, such restrictions would not prevent immediate relatives sponsored by U.S. citizens from being admitted.
Who is Eligible for Immediate Relatives Visas?
Immediate Relative Visas are exclusively for the closest family members of U.S. citizens, providing a direct route to permanent residency. These visas prioritize family reunification, offering quicker processing times than other categories, making it easier for loved ones to settle in the U.S. without long waits.
Spouse of a U.S. Citizen
Spouses are defined as people whom you are legally married to or living together in a marriage-like relationship. Spouses can enter the US with their children as derivative beneficiaries under various visa categories, such as IR-2 and CR-2 visas.
Parent of a U.S. Citizen (Petitioner Must Be 21+)
Parents of U.S. Citizens can become lawful permanent residents by filing Form I-130 with USCIS and showing evidence that their relationship with their petitioned child remains legitimate. However, if their marriage ended in divorce or annulment and their parent-child bond ended as well, this can sometimes prove challenging.
Depending on their place of residence and how they obtained U.S. Citizenship (for example, through marriage or ART), becoming legal residents through this path could depend on where and how the parent obtained citizenship. With their green card in hand, parents of U.S. Citizens can travel freely internationally without jeopardizing their residency status – giving them peace of mind about maintaining their residency status while staying legal under federal law.
What Are the Steps for Parents to Apply for a U.S. Green Card?
Depending on their residence, parents can either apply through consular processing at one of the U.S. Embassies abroad or Consulates or submit an adjustment of status application at the National Visa Center to get a lawful permanent resident status.
When applying to USCIS through adjustment of status, they will submit several supporting documents, including an Affidavit of Support and a copy of the sponsoring child’s birth certificate. They will also attend an interview at either an Embassy abroad or a Consulate to verify their identity and relationship legitimacy.
Learn how to apply for Adjustment of Status to get Work Authorization.
