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;
- IR-4 visa for children adopted within the U.S by a U.S citizen;
- IR-5 visa for parents of a U.S citizen who is at least 21 years old.
What are immediate relative visas?
Immediate Relative Visas are for the citizens of the US to unit with their other family members who are living outside of the country. This is only limited to spouses, children, and parents. Other members of the family do not qualify and cannot apply for these visas-siblings, grandparents, or cousins.
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.
Can a US citizen apply for an immediate family visa?
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. It is through the U.S Citizenship and Immigration Services (USCIS) who will give as many visas as necessary for immediate family members without a yearly quota.
What are the different types of family-based immigrant visas?
There are two types of family-based immigrant visas: Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent.
See 7 key topics from this page & related content
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).
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 I-130?
Request to file at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3, if you are a U.S. citizen and you are filing your Form I-130 for your immediate relative (your spouse, your unmarried child under the age of 21, or your parent (if you are ...
What is immediate relative petition?
U.S. immigration law provides for "immediate relative" categories through which U.S. citizens may file immigrant petitions on behalf of their spouse, unmarried children under age 21; or parents. The purpose of the family preference petition is to foster family unity for U.S. citizens.
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 non immediate family?
What is a non-immediate family? Non-immediate family members include grandparents, grandchildren, great-grandparents, great-grandchildren, cousins, uncles, aunts, nieces, nephews, parents-in-law, siblings-in-law, step-children, adopted children, half-siblings, civil and cohabiting partners.
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).
Do you have any immediate relatives not including parents in the US?
Immediate relatives. – The term “immediate relatives” means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.
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.
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.
What is the difference between preference relative and immediate relative?
There are two categories of family-based immigrants: “immediate relatives” and relatives who fall under the “family preference system.” The main difference between these two is that immediate relatives do not have to wait in line in order to become eligible for visas.
Who is immediate relative in India?
d) The term 'immediate relative' has been defined under regulation 2(1)(1) of Takeover Regulations to mean "any spouse of a person and includes parent, brother, sister or child of such person or of the spouse".
What is priority date for immediate relative?
Priority date: This is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 petition. Think of this date as your place in the green card line. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition.
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 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 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 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.
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.
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.
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 immediate relative visa?
Immediate Relative: These visas are granted to those with a close familial tie with a U.S. citizen, such as a spouse, child, or parent. There is no cap on the number of immigrants accepted in these categories in every fiscal year.
How long does it take to get a visa for a relative?
The approval time of an immediate relative visa is approximately five to nine months. For all other categories, it could take about five months to several years to get approval. Most of the time, the process is delayed due to mistakes found in the application and/or documentation.
What Legally Defines Immediate Family?
As mentioned earlier, immediate family includes a person’s parents, siblings, spouse, biological, adopted, or step-children, grandparents, and grandchildren.
What is family preference visa?
Family Preference: These visas are for particular, more distant family connections with a U.S. citizen, as well as some particular relationships with a Lawful Permanent Resident (LPR). Every fiscal year, the number of immigrants in these categories are restricted.
What is an immigrant visa?
An immigrant visa (IV) is required if a foreign national wishes to live permanently in the United States. An immediate relative who is either a U.S. citizen or a U.S. Lawful Permanent Resident must sponsor the foreign person to petition for an IV or a green card.
What is an I-130?
The I-130 petition is a request for a visa number and establishes a qualifying relationship.
Can I apply for a green card as an immediate relative?
The immediate relative categories have exceptions. With these infractions, applicants under this category may be able to apply for a green card. For example, an adjustment applicant applying as an immediate relative may be qualified to file Form I-485 (adjustment of status application) even if they:
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.
Where does NVC forward a case?
When NVC has collected all of the required documents and the Affidavit of Support, they will forward the case to Consulate Casablanca for the interview and adjudication. NVC schedules all immediate relative interviews, and will contact the applicant with the interview date and time.
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 child of a US citizen be a US citizen?
In certain cases, the child of a US citizen may already be a citizen by right of birth. If you think this is the case with your child, please visit ACS webpage for more information. We cannot issue visas to American citizens.
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.
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:
What You Need to Know About Immediate Relative Immigrant Visas
When you want to sponsor your minor children and parents to come to the US, you file an immediate relative petition. Immigration law classifies immediate relatives as the spouse, unmarried minor children, or parents of US citizens. (In the latter case, the US citizen child must be over the age of 21.)
What if My Family is Already Here?
If your relatives were already in the US, you would file form I-130 and they could concurrently file I-485 to adjust their status to permanent resident. This approach has a few caveats, namely:
What Are the Requirements of Immediate Relative Visas?
The requirements for the five types of immediate relative visas are different. The application process can be time-consuming and confusing.
