Immediate Relative

This term refers to specific persons seeking immigration to the United States. They may be exempt from imposed numerical limitations due to a close relationship with a citizen of the United States. In order to qualify as an immediate relative, the USCIS says that the individual must be one of the following:

  • The parent of a legal citizen that is at least 21 years of age
  • A child – which is unmarried and under 21 years of age – of a legal citizen
  • The spouse of a legal citizen

A citizen of the United States may, depending on their relationship to an individual, petition for a family member to receive a K-3/K-4 visa, a fiancée visa, or a green card.

A United States citizen may petition the following types of relatives:

  • If the citizen is over 21, siblings
  • If the citizen is over 21, parents
  • Daughters and sons who are over 21 or married
  • Children who are under 21 and unmarried
  • Spouse

These petitions result in permanent residence or a green card. Forms that may be related to this cause are the following:

  • Affidavit of Support Form I – 864
  • Application to Adjust Status or Register Permanent Residence Form I – 485
  • Petition for Alien Relative Form I – 130

A United States citizen may petition for a K-3/K-4 visa for the following kind of relatives:

  • Under 21 years of age, unmarried children of a spouse
  • Spouse

A U.S. citizen may also petition for the children of a fiancé that are under 21 or for a fiancé that does not reside within the United States. This would result in a fiancée visa and the form related to it would be Petition for Alien Fiancé Form I – 129F.

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