Immediate Relative
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Visa’s For Parents, Siblings And Immediate Relatives

Portions of the content on this page are available as public information on the USCIS website.

Criteria for Eligibility

According to 8 CFR 245.1(b)(5), ‘Immediate relatives’ of U.S. Citizens may apply for lawful permanent residency based on their familial relationship. Individuals who qualify as immediate relatives include:

  • Unmarried sons/daughters of a U.S. Citizen who are under 21 years of age;
  • Parents of a U.S. Citizen (if the U.S. Citizen is 21 years of age or older); or
  • The spouse of a U.S. Citizen

Application Process

The first step in obtaining lawful permanent residences is filing a Form I-130 with USCIS including proof of the U.S. Citizen family members citizenship and familial relationship. If the foreign national relative entered the United States lawfully, they are able to file an application to adjust status to lawful permanent residence concurrently with or after approval of the Form I-130.

If the foreign national is outside of the United States, they can proceed with Immigrant Visa processing through a U.S. Embassy or Consulate abroad. The foreign national can enter the United States as a Lawful Permanent Resident (LPR) upon approval of their immigrant visa.

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