For those with the closest familial ties to United States citizens, U.S. immigration law offers a direct and often expedited pathway to obtaining a Green Card, known as lawful permanent resident (LPR) status. These categories, collectively termed “immediate relatives,” are uniquely privileged under immigration law as they are not subject to the annual numerical limitations that apply to other family-based preference categories. This comprehensive guide will delve into the specific categories of immediate relatives, the eligibility requirements, and the process involved in obtaining a Green Card through this route, incorporating relevant information from the linked USCIS resources.

Understanding the Significance of “Immediate Relative” Status

The designation of “immediate relative” underscores the U.S. government’s recognition of the fundamental importance of family unity. By exempting these close family members from annual visa quotas, the process for obtaining a Green Card can often be significantly faster compared to other family-based categories where waiting times based on priority dates and country of origin can be substantial.

Who Qualifies as an Immediate Relative of a U.S. Citizen?

There are three primary categories of individuals who qualify as immediate relatives of U.S. citizens:

1. Spouse of a U.S. Citizen:

• Eligibility: Any foreign national who is legally married to a U.S. citizen is eligible to apply for a Green Card as an immediate relative. The marriage must be legally valid in the jurisdiction where it took place.
• Bona Fide Marriage Requirement: USCIS scrutinizes these relationships to ensure they are bona fide, meaning the marriage was entered into in good faith with the intention of establishing a life together, and not solely for the purpose of obtaining an immigration benefit. Applicants will need to provide substantial evidence of the legitimacy of their marital relationship, such as joint bank accounts, leases or mortgages, birth certificates of children born from the marriage, joint tax returns, and affidavits from individuals who know the couple.
• Conditional Permanent Resident Status (for marriages less than two years old): If you have been married to a U.S. citizen for less than two years at the time you are granted permanent resident status, you will receive conditional permanent resident status. This status is valid for two years. To remove the conditions and obtain a permanent Green Card, you and your U.S. citizen spouse must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before your conditional Green Card expires. Failure to do so can result in the termination of your permanent resident status and potential deportation.

2. Child of a U.S. Citizen:

• Eligibility: An unmarried child under the age of 21 of a U.S. citizen is considered an immediate relative. This includes biological children, stepchildren (provided the marriage creating the step-relationship occurred before the child’s 18th birthday), and adopted children (if the adoption was finalized before the child’s 16th birthday, or before their 18th birthday if the U.S. citizen parent personally saw and observed the child prior to or during the adoption proceedings or placement for adoption).
• Age Requirement: The child must be under 21 years of age at the time of filing the Green Card application and when permanent resident status is granted. The Child Status Protection Act (CSPA) may provide some protection against aging out in certain circumstances.
• Marital Status: The child must be unmarried at the time of filing and when the Green Card is approved.

3. Parent of a U.S. Citizen:

• Eligibility: A parent of a U.S. citizen is considered an immediate relative, provided the U.S. citizen son or daughter is at least 21 years of age. This includes biological parents, stepparents (provided the marriage creating the step-relationship occurred before the U.S. citizen child’s 18th birthday), and adoptive parents (if the adoption was finalized before the U.S. citizen child’s 16th birthday).
• Age of U.S. Citizen Child: The U.S. citizen sponsoring their parent must be 21 years of age or older to file the petition.

The Process for Obtaining a Green Card as an Immediate Relative

The process for an immediate relative to obtain a Green Card generally involves the following steps:

1. Filing the Petition (Form I-130):

• The U.S. citizen relative (the petitioner) must file Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying familial relationship with the foreign national (the beneficiary).
• A separate Form I-130 must be filed for each eligible immediate relative seeking a Green Card.
• As the petitioner is a U.S. citizen sponsoring an immediate relative, the processing of this petition is often prioritized.
• Required evidence to submit with Form I-130 includes proof of the petitioner’s U.S. citizenship (e.g., birth certificate, U.S. passport, Certificate of Citizenship or Naturalization) and evidence of the familial relationship (e.g., marriage certificate, birth certificate, adoption decree, step-parent marriage certificate).

2. Concurrent Filing (if eligible):

• A significant advantage for immediate relatives physically present in the United States with a lawful entry is the possibility of concurrent filing. This means that the beneficiary can file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the Form I-130 petition at the same time. This can significantly expedite the process of obtaining a Green Card as the petition and the adjustment of status application are processed simultaneously.
• To be eligible for concurrent filing, the immediate relative must:
  • Be physically present in the U.S.
  • Have entered the U.S. legally (e.g., with a valid visa or through the Visa Waiver Program).
  • Be otherwise eligible to adjust status (e.g., not inadmissible on certain grounds).
  • Have a Form I-130 that is being filed concurrently.

3. Applying for a Green Card (Adjustment of Status or Consular Processing):

• If concurrent filing is not possible or the immediate relative is outside the United States, the process proceeds as follows:
  • Adjustment of Status (AOS): If the immediate relative is already legally present in the U.S. and the Form I-130 is approved, they can file Form I-485 to adjust their status to permanent resident. Because immediate relative categories have no visa limits, a visa is considered immediately available upon approval of the Form I-130, allowing for the filing of Form I-485.
  • Consular Processing: If the immediate relative is outside the United States, once the Form I-130 is approved, the case will be sent to the National Visa Center (NVC). The beneficiary will then go through the consular processing steps, which involve submitting required documentation, paying fees, and attending an interview at a U.S. embassy or consulate in their country of residence. Upon approval, they will receive an immigrant visa to enter the U.S. as a lawful permanent resident.

4. Supporting Documents and Requirements for Green Card Application:

Whether applying through AOS or consular processing, the immediate relative will generally need to provide various supporting documents, including:

• Passport and birth certificate.
• Marriage certificate (if applicable).
• Police clearances from their country of origin and any other countries where they have resided for more than six months since the age of 16.
• Medical examination report (Form I-693 if applying for AOS).
• Affidavit of Support (Form I-864) from the U.S. citizen petitioner demonstrating they have the financial ability to support the immediate relative at 125% of the poverty level.
• Evidence of lawful entry and current status in the U.S. (if applying for AOS).

Important Considerations for Immediate Relatives

• Bona Fide Relationship: As emphasized earlier, the qualifying relationship must be legitimate. USCIS may conduct interviews and request substantial evidence to verify the authenticity of the relationship, particularly for spousal petitions.
• Inadmissibility: Even as an immediate relative, certain grounds of inadmissibility (e.g., criminal history, certain health conditions, prior immigration violations) can prevent the approval of a Green Card. Waivers may be available in some circumstances.
• Affidavit of Support: The U.S. citizen petitioner must demonstrate the financial capacity to support their immediate relative. If their income is insufficient, a joint sponsor who is a U.S. citizen or lawful permanent resident may be required.
• Step-Relationships and Adoptions: Specific rules apply to step-relationships and adoptions, particularly regarding when the relationship was established. It’s crucial to provide thorough documentation to demonstrate eligibility under these circumstances.

Conclusion

The “immediate relative” categories offer a significant advantage for the closest family members of U.S. citizens seeking to become lawful permanent residents. The absence of annual visa limits often leads to a more direct and potentially faster path to obtaining a Green Card. By understanding the specific eligibility requirements for spouses, unmarried children under 21, and parents of U.S. citizens (where the citizen is 21 or older), and by diligently following the necessary steps of filing the petition and applying for adjustment of status or consular processing, eligible individuals can realize their goal of permanent residency in the United States and build their lives alongside their U.S. citizen family members. It is always advisable to consult with an experienced immigration attorney to navigate the complexities of the process and ensure all requirements are met.