Green Card Immediate Relative of U.S. Citizens

For immigration purposes, an immediate relative is defined as the spouse, parent or unmarried child, under 21, of a U.S. citizen. While most other green card categories in the U.S. are subject to strict, yearly quotas, there are no quotas for the Immediate Relatives of U.S. citizens.

A U.S. citizen can sponsor their immediate relative for immigration to the U.S. so that the immediate relative can become a lawful permanent resident or “green card” holder in the U.S. Because there are no quotas for immediate relatives, this is a relatively quicker process than most other forms of permanent immigration to the U.S.

The process starts with the filing of the Form I-130, Petition for Alien Relative with USCIS. The primary focus of the Form I-130 is to prove that the “beneficiary” of the form, the person for whom you are filing the petition, is actually your immediate relative.

The documents generally required with the Form I-130 include, but are not limited to:

• Proof of the US citizen’s citizenship (U.S. birth certificate, U.S. passport, Naturalization Certificate, Certificate of Citizenship, Consular report of Birth Abroad or other comparable evidence)
• The proof of the immediate relative relationship (birth certificate, marriage certificate, adoption certificate, etc.)

The remainder of the process largely depends on whether your immediate relative is in the U.S. or will be applying for a visa abroad through Consular Processing.

If the immediate relative is outside the U.S., they will go through “consular processing” at a U.S. Consulate or Embassy once the Form I-130 is approved.

Once the Form I-130 is approved, USCIS will send the Form I-130 Approval to the National Visa Center (NVC), a division of the Department of State, which processes immigrant visa documents. NVC will process the application so that the foreign national spouse can appear for an interview at the U.S. Consulate or Embassy in their country of residence. In addition to the required fees, the following documents and forms must be submitted to the NVC:

• DS-260, Immigrant Visa Electronic Application
• Foreign national’s “Civil Documents”, including the birth certificate, marriage certificate, proof of termination of all previous marriages, police clearance certificates and additional documents which can be found here.
• Form I-864, Affidavit of Support, prepared by the U.S. citizen showing that he or she will financially support their relative.

Once NVC determines that all required documents have been submitted, they will schedule the immediate relative to appear for an interview at the U.S. Consulate. Before the interview, the visa applicant must also complete a medical examination with a doctor pre-determined by the U.S. Consulate. Upon successfully completing the interview, the applicant will be given an “immigrant visa” or Form I-551.

Once the immediate relative enters the U.S., they will automatically be a lawful permanent resident and will receive their green card in the mail from USCIS.

If the foreign national immediate relative is already in the U.S. and they entered the U.S. lawfully and were inspected, they have the option of filing for Adjustment of Status instead of doing “consular processing.”

The Form I-485, Adjustment of Status, can be filed together with the Form I-130 or after the Form I-130 is filed and the US citizen spouse has received proof of filing (I-797, Notice of Action or “Receipt Notice).

The Form I-485 should be filed with the following documents:

• Evidence of lawful entry and inspection (usually a copy of the passport, Form I-94 and visa)
• Copy of birth certificate, marriage certificate, proof of termination of all previous marriages
• Form I-864, Affidavit of Support, prepared by the U.S. citizen showing that he or she will financially support their spouse.
• Additional documents that can be found here
  .

Once USCIS processes the Form I-485, the immediate relative applicant and the US citizen petition may be required to appear for an interview at a USCIS Field Office near the Adjustment of Status applicant’s residence in the U.S. Once approved, the foreign national will obtain their green card in the mail.

U.S. immigration regulations provide that the immediate relatives of US citizens can file for Adjustment of Status (Form I-485) even if they are currently out of status. You can follow the normal method outlined above for Adjustment of Status with the Form I-130.

USCIS also allows for Adjustment of Status even if the immediate relative was working without proper work authorization.

We recommend that you speak with speak with a VisaPro Immigration Attorney

If you are applying for your mother or father, generally, a copy of your birth certificate showing your parents’ names must be provided as proof of the relationship.

If a birth certificate is not available or the birth was registered a few years after the birth, then secondary evidence may be needed.

The Dept. of State has a list of available civil documents by country. You must be ready to provide the document listed as proof of birth as per the Reciprocity Schedule.

If you are filing for your father, you may also need to provide a copy of your parents’ marriage certificate.

Note 1: If you have been legally adopted, you may not petition for your birth parent(s).
Note 2: You must be 21 years of age to sponsor your parent as an immediate relative.

OR

Check My Eligibility

If you are applying for your father, and he and your mother were not married at the time of your birth, you must provide proof that an emotional or financial bond existed between you and your father before you were married or reached the age of 21, whichever came first.

This would be in addition to the birth certificate that should list your father.

If your father was not listed on the birth certificate and/or other secondary evidence cannot be provided, USCIS or the U.S. Consulate may request that a DNA test be conducted to prove the biological relationship.

Some countries have requirements for “legitimation” of children born out of wedlock. If your country of birth requires legitimation, then you need to provide evidence that you were legitimated before your 18th birthday.

Yes, it is possible to petition for a stepparent. In order for USCIS to recognize a step-parent/child relationship, the marriage between the parent and the step-parent must have occurred before the child turned 18 years old.

If you are applying for your stepparent, you must include:

1. your birth certificate showing the names of your birth parents
2. the marriage certificate between your parent and the stepparent (the marriage must have occurred before your 18th birthday)
3. Evidence that any and all prior marriages of your parent and/or stepparent were legally terminated (divorce or annulment, or death of the spouse).

Yes, it is possible to file a petition for a stepparent even if they have divorced your parent. As long as you can show that their marriage took place before your 18th birthday, establishing a valid stepparent relationship under immigration laws, and that you have continued to maintain a relationship with the stepparent, you can sponsor them.

In order to file a Form I-130 for an adoptive parent, the adoption must have taken place before you were 16 years old (if you and a sibling were adopted together, you can file a petition if you were adopted before you were 18 years old as long as your younger sibling was under 16 years old).

If you are applying for your adoptive parent, you must include:

1. Your birth certificate
2. A certified copy of your adoption certificate or comparable evidence of the adoption showing that it was legal and that it occurred before you were 16 years old.
3. A statement and evidence showing that you and your adoptive parent(s) lived together for at least 2 years before or after the adoption.

In order sponsor a child, who is under 21 and unmarried, you must prove the parent-child relationship.

Generally, a copy of the child’s birth certificate showing the parents’ names must be provided as proof of the relationship.

If a birth certificate is not available or the birth was registered a few years after the birth, then secondary evidence may be needed.

The Dept. of State has a list of available civil documents by country. You must be ready to provide the document listed as proof of birth as per the Reciprocity Schedule.

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

In order sponsor a child, who is under 21 and unmarried, you must prove the parent-child relationship.

Generally, a copy of the child’s birth certificate showing the parents’ names must be provided as proof of the relationship.

If a birth certificate is not available or the birth was registered a few years after the birth, then secondary evidence may be needed.

The Dept. of State has a list of available civil documents by country. You must be ready to provide the document listed as proof of birth as per the Reciprocity Schedule.

As the child’s father, you will also need to provide a copy of your marriage certificate showing the legal marriage between you and the child’s mother. If the marriage has been terminated, evidence of the termination (divorce, annulment or death) should be provided.

If the child was born out of wedlock, you will need to provide proof that an emotional or financial bond exists between you and your child.

If you are not listed on the birth certificate and/or other secondary evidence cannot be provided, USCIS or the U.S. Consulate may request that a DNA test be conducted to prove the biological relationship.

Some countries have requirements for “legitimation” of children born out of wedlock. If your country of birth requires legitimation, then you need to provide evidence that you have legitimated the child as per the countries of the child’s residence or birth.

If you are a U.S. citizen and the adoptive parent of a child, the child will be considered an immediate relative as long as the adoption took place before their 16th birthday and the child has lived with you, in your legal custody for at least 2 years.

In order to prove the adoptive relationship, you need to provide:

1. A copy of the child’s birth certificate showing the child’s name
2. A certified copy of the adoption decree
3. The legal custody decree if you obtained custody of the child before adoption
4. A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years

If you adopted more than child and they are siblings, only one of the siblings must be 16 years or younger when the adoption occurs. The other siblings must have been under 18.

Please note that if you have not resided with your child for at least 2 years, you cannot file the Form I-130 for your child. You may still be able to bring your child to the U.S. by going through the I-800A/I-800 process or the I-600A/I-600 process.

Note: If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

The U.S. citizen spouse must file the Form I-130 with proof of the marriage and evidence that marriage was not entered into solely for an immigration benefit.
The documents generally required with the Form I-130 include, but are not limited to:

• Proof of the US citizen’s citizenship (U.S. birth certificate, U.S. passport, Naturalization Certificate, Certificate of Citizenship, Consular report of Birth Abroad or other comparable evidence)
• Copy of the Marriage Certificate
• Evidence that both of you were free to marry (proof of termination of all previous marriages)
• Evidence showing that you are in a bona fide relationship (this means your marriage is real and was not entered solely for the foreign national to obtain a green card).

A conditional resident is someone who obtains a green card that is valid for 2 years, instead of 10 years, which is the standard validity of a green card.

For marriage-based applicants, including those who obtain their green card based on marriage to a U.S. citizen, USCIS will issue a 2 year conditional green card if the couple were married for less than 2 years on the date the green card was approved.

• For Adjustment of Status (I-485) applicants, if the marriage is less than 2 years old when the I-485 is approved, the applicant will get a 2 year conditional green card.
• For Consular Processing applications, if the marriage is less than 2 years old when the applicant enters the U.S. for the first time with their immigrant visa, the applicant will get a 2 year conditional green card.

Those with a conditional green card must file an application for Removal of Conditions to get a permanent, 10-year Green Card. This process was created so that USCIS could do a second check on the marriage after two years to combat marriage fraud, since marriage is seen as a relatively easy route to get permanent residency in the U.S.

The Removal of Conditions (Form I-751) must be filed in the 90-day period preceding the expiration of your 2-year green card. The application must be filed with additional evidence that your marriage was real or bona fide and should be filed “jointly” with the US citizen spouse unless you qualify for a waiver of the joint filing requirement (you have divorced or your spouse has died but can still show that your marriage was bona fide, you can show that you have been abused or subjected to extreme cruelty by your spouse, or termination of your status would subject you to extreme hardship).