Immediate Relative of a U.S. Citizen

A U.S. citizen can petition for a visa for his or her immediate relatives. If the relative is already present in the US, they can apply to adjust their status to that of a legal permanent resident in most scenarios.

Eligible Immediate Relatives include the U.S. citizen’s:

  • Spouse;
  • Unmarried children under the age of 21;
  • Parents (U.S. citizens petitioning for a parent must be over the age of 21).

Subsequent to the landmark U.S. Supreme Court decision by the U.S. Supreme Court in United States v. Windsor, ruling that married same-sex couples were entitled to federal benefits, the United States Citizenship and Immigration Services (USCIS) has adopted the policy to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.

Immediate relatives enjoy special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate. They can immediately apply for adjustment of status or will receive a visa upon entry in to US.

Requirements

  • Sponsoring U.S. citizen must file separate Form I-130 Petition for Alien Relative for each Immediate Relative;
  • Documents establishing family relationship must also be submitted with the I-130 Petition.

Our Role in Your Success

Millions of people have immigrated to the US with dreams of starting a new life with their spouse or providing their children with better opportunities to achieve success in the future. The unification of families is a central part of why we do what we do. It is our protocol to initially provide advice on various legal issues relating to relationship documentation and inadmissibility so that our clients have a clear understanding of the immigration demands and procedures. If we feel that your relative meets the requirements for this category, we will prepare the forms, organize and assemble the supporting documentation, and provide preparation for and representation at the interview, which will be held at USCIS offices or US consulates.