Immediate relatives
Immediate relatives of U.S. citizens fall under three categories, namely:
- Spouses of U.S. citizens
- Parents of U.S. citizens
- Children of U.S. citizens under the age of 21 years
This category is considered a preferred category, and visas are readily available.
Spouses of U.S. citizens
A foreign national who marries a United States citizen can obtain permanent resident status. There are three important criteria in this regard:
- The marriage must have been legally valid at the time it was performed.
- The marriage must still exist when the foreign national seeks permanent resident status, even if the parties are separated.
- The marriage must have been entered into in good faith and not solely to obtain immigration benefits.
USCIS scrutinizes marriage petitions to ensure they are genuine. Factors that may raise suspicion include limited time knowing each other, limited meetings before marriage, not living together, or marrying during immigration proceedings.
If the parties were married for less than two years when permanent residency is granted, the immigrant receives conditional permanent resident status. This status allows employment, travel, and counts toward naturalization residency requirements.
Two years later, the immigrant must file a petition to remove the condition or risk losing permanent residency.
Widows or widowers of U.S. citizens may qualify if:
- They were married to the U.S. citizen at the time of death
- They did not separate before the citizen’s death
- They have not remarried
- The petition is filed within two years of death
This petition uses Form I-360 instead of Form I-130.
Under the Violence Against Women Act (VAWA), spouses and children subjected to abuse may qualify if:
- The marriage was entered into in good faith
- They resided with the U.S. citizen or permanent resident
- They were subjected to abuse or extreme cruelty
- They have good moral character
Children of U.S. citizens
Children under 21 and unmarried qualify as immediate relatives.
- Citizen parents can petition for children born in wedlock
- Citizen mothers can petition for children born out of wedlock
- Citizen fathers must show legitimation, custody, or a bona fide parent-child relationship
- Stepchildren qualify if the relationship existed before age 18
- Adopted children qualify if adoption occurred before age 16 and legal requirements are met
For Hague Convention adoption, the following conditions must be met:
- The child resides in a Convention country
- The child is under 16 years old when filed
- The child is orphaned, abandoned, or parents cannot care for them
- Legal consent is properly given
- At least one adoptive parent is a U.S. citizen
- The adoption is legally finalized
Parents of U.S. citizens
Parents qualify as immediate relatives if the U.S. citizen is at least 21 years old. The same legal standards used to define children apply to defining parents.
Other family members of U.S. citizens and permanent residents
Other relatives fall under preference categories:
- F1 – Adult unmarried sons and daughters of U.S. citizens
- F2A – Spouses and children of permanent residents
- F2B – Adult unmarried sons and daughters of permanent residents
- F3 – Married sons and daughters of U.S. citizens
- F4 – Brothers and sisters of U.S. citizens
These categories have waiting lists, and visas become available based on priority dates.