Immediate Relative Visas At a Glance
| Visa Type | Family Relationships | Conditions of Application |
| IR-1 | Spouses of U.S. citizens | You have been married for more than two ... |
| CR-1 | Spouses of U.S. citizens | You have been married for fewer than two ... |
| IR-2 | U.S. citizens’ children who are unmarrie ... | The non-citizen parent must have an IR-1 ... |
| CR-2 | U.S. citizens’ children who are unmarrie ... | The non-citizen parent must have a CR-2 ... |
What are the different types of immediate relative visas?
The types of immediate relative visas are: IR-1 visa for the spouse of a U.S citizen; IR-2 visa for the unmarried children under 21 years old of a U.S citizen; IR-3 visa for children adopted abroad by a U.S citizen;
Can a US citizen get an immigrant visa for an immediate relative?
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include: Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow (er) files a petition within two years of the citizen’s death.
What are the benefits of the immediate relative visas?
The biggest benefit of the immediate relative visas is that they do not have a yearly limit, much convenient to a US citizen who wants to unite with his or her family member in the country. What’s the good news? If you are a US citizen and will qualify for an immediate family visa, you don’t need to wait for your turn for the process.
Which relatives can I petition for a visa?
Which Relatives May I Petition For? Parents of U.S. citizens (The petitioning citizen must be 21 or older.) Visas are always available for immediate relatives of U.S. citizens. This means your family member does not need to wait in line for a visa.
Who qualifies as an immediate relative?
You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
How long does an immediate relative visa take?
approximately 5 to 9 monthsI-130 Processing Times for Immediate Relatives For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months. There is a short wait because there is no visa limit for the immediate relative category.
What do you mean by immediate relative?
Immediate relatives are the closest family members, which usually include parents, spouses, and children, sometimes including siblings and grandparents. The relationships are created via blood, adoption, and marriage.
Who are immediate relatives Uscis?
Immediate relatives have special immigration priority and there is no limit on the number of visas for the immediate relatives. Immediate relatives of a U.S. citizen are Spouse, Unmarried child under the age of 21 and Parent (if the U.S. citizen is over the age of 21).
How long does it take to sponsor a brother to USA 2022?
If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current.
Does 90 day rule apply to immediate relatives?
The 90-day rule is used for every applicant who wants to change or adjust their status. Immediate relatives of citizens of the United States are exempt from misrepresentation for the first 30 to 60 days.
Is brother an immediate relative?
Immediate family member means father, mother, husband, wife, son, daughter, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, sister-in-law, brother-in-law, and domestic partner and civil unions recognized under State law.
Are cousins immediate relatives?
Definition and Examples of Immediate Family Members of a person's immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further.
What is IR visa category?
The IR-2 visa falls in the category of immediate relative visas, which are for certain family members of U.S. citizens. For example, in the immediate relative (IR) visa category, the IR-1 visa is for spouses, and the IR-2 visa is for unmarried children under 21 years of age.
How long does an immediate relative petition take?
5 to 9 monthApproval for Immediate Relatives Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases. If you are in the United States and also filed an application to adjust status, USCIS will begin reviewing Form I-485 at this point.
Who is an immediate relative for I-130?
As a U.S. citizen, you may file a petition for the following “immediate relatives”: Your spouse; Your unmarried child under 21 years of age; or. Your parent (if you are 21 years of age or older).
What are the 4 types of immigration status?
To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented. The characteristics of each status are explained below.
How long does I-130 take to get approved 2022?
Between five and 14.5 monthsAverage time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.
How long does I-130 take to get approved 2021?
between 7.5-13.5 monthsHow long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months.
How long does it take NVC to schedule interview 2022?
How long does it take to get an appointment? Although NVC strives to schedule appointments within three months of NVC's acceptance of all requested documentation, this timeframe is subject to the operating status and capacity of the consular section.
How long does it take after your I-130 is approved?
That can often take six to eight weeks after approval of the I-130, and possibly even longer. When NVC receives your case, it will send you a notification, typically via email. If you're a "preference relative" (on a waiting list), that delay won't affect you much.
What is an immediate relative?
You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
What are the requirements for an immediate relative to get a green card?
If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements: Inspected and Admitted or Inspected and Paroled.
What form do you use to apply for a waiver of inadmissibility?
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
How many KB is the I-485?
For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 551.22 KB). Please also see our page on Form Filing Tips.
What is the form I-485?
If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. This is called “adjustment of status.”.
Can USCIS approve green card application?
In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you:
What Are Immediate Relative Visas?
U.S. immigration law provides many family immigration paths. These paths are prioritized by the type of family relationship and whether or not the sponsor is a U.S. citizen or lawful permanent resident.
Immediate Relative Visas At a Glance
This table illustrates which types of visas are appropriate for immediate family members to come to the United States.
How Do You Apply for an Immediate Relative Visa?
For many people, the easiest way to apply for an immediate relative visa is with an attorney’s help. If you’re the foreign relative, you cannot apply for yourself – the U.S. citizen must apply on your behalf, though you’ll have to cooperate and provide documentation as necessary.
Do You Need to Talk to a Lawyer About Getting an Immediate Relative Visa?
If you’re a U.S. citizen, or if you’re an immediate relative with a family member who is ready to petition for you, we may be able to help you. Call our office today to schedule your consultation with an experienced attorney to get started on the process.
Why are immediate relative visas considered priority?
The immediate relative categories have special immigration priority. That's because there are an unlimited number of visas available to immediate relatives. The immigrants in these categories do not have to wait in line for a visa number to become available for them to immigrate. What's more, certain bars to adjustment do not apply to the IR category. This is a significant benefit for an intending immigrant who overstays a visa or works in the U.S. without authorization.
How old do you have to be to be an immediate relative?
To qualify as an immediate relative, your family member must be a spouse, unmarried child (under 21 years of age), or parent. (To petition a parent, the U.S. petitioner must 21 years of age or older.) A qualifying immediate relative relationship must be documented.
What is an I-130 petition?
The I-130 petition is just the beginning of the process. The intending immigrant must apply for a green card via consular processing or adjustment of status.
What is an I-130?
The I-130 petition establishes a qualifying relationship and is a request for a visa number. U.S. citizens may also sponsor a foreign fiancé to come to the United States for the purpose of marriage. The U.S. citizen starts this process by filing Form I-129F, Petition for Alien Fiancé.
How long does a family preference visa last?
There is a limited number of visas for the preference categories. Therefore, waits can last up to 20 years or more in some cases .
What are the two categories of family based immigrants?
The U.S. immigration system has two major categories of family-based immigrants: immediate relatives and family preference . If a U.S. citizen or permanent resident petitions a foreign family member, the immigrant will fall into one of these two categories.
What is a qualifying relationship on an I-130?
When filing Form I-130, you'll send birth records (i.e. official birth certificate) to establish biological relationships or a marriage certificate to establish a marital relationship. Spouses must also provide proof that the marriage is bona fide (not entered into primarily for purposes of getting a green card).
How long does it take to get an immediate relative visa?
Normal processing time for an immediate relative visa is several months , though this can vary greatly depending on the case. A case can be considered for expedited processing if there is some urgent condition which justifies it; however, all such requests must be balanced against our workflow and the urgent needs of other applicants. All expedite requests must be sent to [email protected], which will contact the Consulate. Decisions of the Consulate are final.
How old do you have to be to get a visa for a spouse?
You must be at least 18 years old to file a petition for a spouse or child, or 21 years old to file for a parent.
How to change appointment for CSB interview?
If you have a scheduled interview and you are unable to keep the appointment, please contact us at [email protected] to request that it be rescheduled. Include the CSB number of the case as well as your name and date of birth, and the reason why you need to change the appointment.
Where to pick up passport and visa?
You must pick up your passport with the visa, as well as the sealed immigration packet, in person at the street-side window outside the Consulate between 3:30 and 4:00 in the afternoon. If you designate someone else to pick up this material, please inform the consul at the time of the interview.
Can a polygamous marriage be a spousal visa?
For a spouse, the marriage certificate; also, if either you or your spouse has been previously married, we will need to see documents proving how the marriage (s) ended. A polygamous marriage does not qualify for a spousal visa. You may also want to bring photos, correspondence, or other evidence you think will help demonstrate the validity of the relationship.
Do I need to file an I-130?
The U.S. citizen files a petition, and each immediate relative must have a separate petition – the I-130. You must include documents that show the relationship between you and the applicant, and provide English translations if necessary. There is more information at travel.state.gov and uscis.gov.
Can you make final plans for a visa?
You should never make final plans or financial commitments until and unless you actually have the visa packet in your personal possession. The Consulate will not be responsible for any financial or other damage caused by delays in processing of a visa.
How to become a lawful resident?
Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Can I apply for permanent resident status if my parent is 21?
If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130.
Do I need a financial sponsor for a relative petition?
Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. You may need to file Form I-864, Affidavit of Support Under Section 213A of the INA. See our Affidavit of Support webpage for more information.
How to check if a family member has an immigrant visa?
Your family member’s preference category will determine how long they will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress the My Case Status page. For visa availability information, see the Visa Bulletin page on the U.S. Department of State website.
What is an I-129F?
NOTE: A visa petition (Form I-130 or Form I-129F) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit, it simply creates a place in line for visa processing.
How to get a green card for a family member?
To petition for a family member to receive a Green Card (permanent residence), begin by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Sometimes the I-130 can be filed together with an application for permanent residence, officially known as Form I-485, Application to Register Permanent Residence or Adjust Status. This is discussed below.
Can I file for a visa for my immediate family?
citizens. This means your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.
Can a family member get a green card?
This page describes how you (a U.S. citizen) may petition for certain family members to receive either a Green Card, a fiancé (e) visa or a K-3/K-4 visa based on your relationship. (If your relative wishes to naturalize or obtain proof of citizenship, see the Citizenship section of our website.)
What is an immediate relative?
The INA defines an "immediate relative" as a U.S. citizen's spouse, unmarried child who is less than 21 years old, or parent (if the U.S. citizen is more than 21 years old). Immediate relatives of U.S. citizens have immigration priority.
Who is the primary beneficiary of a family immigration petition?
The relative who is sponsored under a family-based immigration petition is known as the primary beneficiary. But what about the primary beneficiary's spouse and children? Are they also eligible for a green card? The answer depends on whether the primary beneficiary's green card was approved via an immediate relative petition or a family preference petition.
What is family based immigration?
legal permanent residents) to petition for their foreign relatives to come live legally in the United States. There are two main types of family-based immigrant petitions: immediate relative petitions and family preference petitions .
Can a family preference petition be approved?
It's important to note that an approved family preference petition doesn't automatically result in a green card being issued. In fact, even after their petition is approved, the foreign relative must wait for a green card to become available as per the Visa Bulletin. The State Department releases a Visa Bulletin each month to announce which visa numbers are currently available.
Can a spouse get a green card if the primary beneficiary's petition is approved?
Family Preference Petitions: If the primary beneficiary's family preference petition is approved, then his or her spouse and minor children may also be eligible for a green card.
Does immigration law change?
Immigration law changes frequently. For case specific information about family preference and immediate relative petitions, it's in your best interests to consult with a local immigration lawyer.
Can a spouse file a petition for a green card?
Therefore, the primary beneficiary's spouse and minor children must have their own petitions filed and qualify for a green card independently.
What is immediate relative visa?
Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
What is family preference visa?
Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
What is family based immigration?
Family Based Immigration. A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
Can a permanent resident file an immigrant visa?
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
When is a visa available?
A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
What does U visa mean?
If the Visa Bulletin shows “U” in a category, this means that immigrant visas are temporarily unavailable to all applicants in that particular preference category and/or country of chargeability.
What is the form I-485?
We will accept Form I-485, Application to Register Permanent Residence or Adjust Status, from family-sponsored and employment-based adjustment of status preference applicants according to the monthly Visa Bulletin that DOS publishes as a guide for issuing visas at U.S. Consulates and Embassies.
What is the DOS visa bulletin?
DOS, working with the Department of Homeland Security, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective adjustment of status applicants. If DOS makes any changes to either chart in the Visa Bulletin after publishing it, we will review those changes and determine if any further action is necessary. Check the latest dates for filing adjustment of status applications .
What is the Immigration and Nationality Act?
The Immigration and Nationality Act (INA) sets the number of immigrant visas the U.S. Department of State (DOS) can issue to aliens seeking to become lawful permanent residents (get a Green Card) each year. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.
What is visa retrogression?
Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. This is called visa retrogression, which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression generally occurs when the annual limit for a category or country has been exhausted or is expected to run out soon. When the new fiscal year begins on Oct. 1, a new supply of visa numbers becomes available. Usually, but not always, the new supply returns the cut-off dates to where they were before retrogression.
What is priority date for I-130?
For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow (er), or Special Immigrant, is properly filed with USCIS.
