Overview: The immediate-relative category covers a U.S. citizen’s qualifying spouse, unmarried child under 21, and parent if the citizen is at least 21. These cases have no annual preference-category visa-number cap, but still require applications, evidence, processing and admissibility review.
The legal relationship
A spouse must be in a legally valid marriage, with earlier marriages properly ended. A marriage-based case must establish that the marriage is real, not entered into to obtain immigration benefits.
A child must meet the immigration definition, not only an everyday understanding of “child.” Stepchildren generally require the marriage creating the relationship to have occurred before the child’s 18th birthday. Adoption routes have separate age, custody, residence or international-adoption requirements. A foreign adoption decree alone does not necessarily establish immigration eligibility.
A citizen must be at least 21 to petition for a parent. A green-card holder cannot use the immediate-relative category for parents or spouses; qualifying spouses and children of permanent residents use family preference rules.
Each immediate relative needs their own case
Immediate-relative I-130Petition for Alien Relative, filed by a U.S. citizen or permanent resident to establish a qualifying family relationship with an intending immigrant.See it in the glossary cases do not carry derivative beneficiaries. A citizen petitioning for a spouse normally needs a separate petition for each qualifying child. A parent’s case cannot automatically include the parent’s spouse or other children.
Example: a U.S. citizen sponsoring a spouse and two qualifying stepchildren generally files three I-130 petitions. Listing the children on the spouse’s form supplies family information but does not replace their petitions.
Application steps
- Relationship petition. The citizen files I-130 with evidence of citizenship and the qualifying relationship. A spouse case also uses I-130A and evidence of a real marriage as required.
- Final application route. Eligible applicants in the United States may apply for Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary using I-485Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card from inside the United States.See it in the glossary, sometimes together with I-130. Applicants abroad normally proceed through the National Visa Center (NVC)The State Department office that collects fees and documents from approved petitioners before a case is scheduled at a consulate.See it in the glossary and a consulate.
- Sponsorship and personal evidence. Most cases require I-864 financial sponsorship, civil records and the applicable medical examination. Consular cases use DS-260 and required police certificates; adjustment has its own document requirements.
- Agency review. BiometricsFingerprints, a photograph and a signature collected at a USCIS Application Support Center for background checks.See it in the glossary, interviews and requests for additional information may be part of processing. Approval of the relationship petition is only one stage.
- Permanent residence. This begins upon I-485 approval or qualifying admission using the Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary, not merely when I-130 is approved.
Evidence that helps an officer follow the case
Evidence includes applicable birth, marriage, divorce or death records and required translations. Agency instructions describe alternatives for unavailable records and explanations of inconsistencies. Altered documents do not provide valid evidence.
For spouses, evidence can include shared finances and housing, insurance, children, correspondence, travel and other records of the relationship over time. The relevant evidence depends on the couple’s circumstances. Living apart does not by itself make a marriage invalid; records and explanations can establish how the relationship functions.
The I-864 sponsor generally needs U.S. domicile and the required income or qualifying assets. A joint sponsor can help in an eligible case, but does not eliminate the petitioning sponsor’s own required I-864 and other responsibilities. The applicable household size and income thresholds determine the financial requirement.
Being an immediate relative does not erase every immigration problem
Some adjustment bars for status violations or unauthorized work do not apply to Immediate relativeSpouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual numerical limits.See it in the glossary. That does not mean every person who overstayed or entered without inspection can adjust. Inspection/admission or ParoleDiscretionary, temporary permission for a person who may be inadmissible to enter or remain in the United States for urgent humanitarian reasons or significant public benefit, set out in INA 212(d)(5). Parole is not an admission, and a paroled person is still treated as an applicant for admission.See it in the glossary requirements, removal history, fraud, criminal issues and other inadmissibility grounds need separate analysis.
Departure after unlawful presence can trigger serious consequences. Leaving for an interview does not necessarily resolve an in-country eligibility problem. An I-130 approval itself does not waive an inadmissibility ground or authorize travel.
Conditional residence, work and family changes
A spouse who becomes a permanent resident before the marriage’s second anniversary generally receives two-year conditional residence. Removing conditions normally uses I-751, with a joint filing during the 90 days before expiration or an applicable waiver route. Divorce or abuse can change the procedure; they do not automatically eliminate every option.
While an adjustment case is pending, employment and international travel need their own lawful authorization. Filing I-765 or I-131 is not the same as approval. Applicants abroad do not acquire U.S. work permission from the pending family case.
Material changes, including divorce, death or a change in citizenship status, can affect the petition and create reporting requirements. Child age-protection and survivor provisions can alter whether and how a case continues.
Official sources
- Department of State: family immigration
- USCIS: I-130 instructions
- USCIS: immediate relatives of U.S. citizens
- USCIS: removing marriage-based conditions