Family-Sponsored Immediate Relative of a U.S. Citizen (IR)
by lirulaw

Family-Sponsored Immediate Relative of a U.S. Citizen (IR)

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

 

Definition of Child

Generally, an unmarried person under 21 years of age who is: a child born in wedlock; a child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is also the legal mother under the law of the relevant jurisdiction at the time of birth; a stepchild, provided that the child was under 18 years of age at the time that the marriage creating the stepchild relationship occurred; a legitimated child, provided that the child was legitimated while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided with the adopting parent for at least 2 years and has been in the legal custody of the adopting parent for at least 2 years ; or an orphan, under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visa petition submitted in his/her behalf and is coming to the United States for adoption by a U.S. citizen.

If a child is 21years old or under the age of 21 but married, he or she is no longer qualified  as a child under US immigration law and is defined as son or daughter, and cannot be treated as immediate relative of US citizen.

 

Get a Green Card While Inside the United States

One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative.

Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved.

Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797).

 

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. The Department of State will notify you when you are eligible to apply for an immigrant visa.  If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

 

Things to keep in mind:

Turning 21 years of age. When an immediate relative child of a U.S. citizen reaches the 21 years of age, he or she generally will become a “first preference” (F1) category son or daughter (over 21 years of age) of a U.S. citizen, and will no longer have a visa immediately available. This change may result in a significant delay in adjustment of status or visa processing because he or she will now need to wait for an immigrant visa to become available.

 

Child Status Protection Act.

In certain cases, the Child Status Protection Act (CSPA) may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you. To determine if the CSPA applies to you, see the Child Status Protection Act page.

 

Getting Married.

If an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

 

Immigration Application within 2 Years after Marriage to US Citizen.

If an alien is married to a U.S. citizen, applies for immigration and the application is approved within 2 years of the marriage, s/he will be granted a conditional green card for 2 years. During the 90 days before the end of the 2 years period, both the husband and wife must file joint petition to remove the condition, unless a waiver of joint petition is granted. If divorce is occurred or marriage is terminated during the 2 years, the application for removing condition must be made immediately without waiting until the end of the 2 year period.