U.S. citizens can sponsor certain close family members as immediate relatives—a privileged immigration category with no numerical limits and no wait times for visa availability. Immediate relatives include spouses, unmarried children under 21, and parents of adult citizens. This category offers the fastest path to a green card through family sponsorship.
Understanding the immediate relative category helps citizens bring their closest family members to the United States without the years-long waits affecting other family categories.
Who Qualifies as an Immediate Relative
Spouses of U.S. citizens are immediate relatives. The marriage must be legally valid and genuinely entered for purposes other than immigration—not a "sham marriage" solely to obtain immigration benefits.
Unmarried children under 21 of U.S. citizens qualify. Once a child turns 21 or marries, they move to family preference categories with wait times. Timing matters significantly—filing before these events helps.
Parents of U.S. citizens are immediate relatives, but only when the citizen is at least 21 years old. Citizens under 21 cannot sponsor parents.
No Visa Backlog
Unlike family preference categories with annual caps and multi-year waits, immediate relative visas are unlimited. There's no wait for visa availability—once the petition is approved, green card processing can proceed.
This doesn't mean instant green cards. Processing still takes time—usually 12-24 months from petition to green card depending on the path taken. But this is much faster than preference categories with decade-long backlogs.
Sponsoring Your Spouse
Spousal sponsorship is the most common immediate relative petition. The citizen spouse files Form I-130 along with evidence of a bona fide marriage: joint bank accounts, lease agreements, photographs, affidavits from people who know you as a couple.
Immigration authorities scrutinize marriage-based cases for fraud. Be prepared to demonstrate your marriage is genuine through extensive documentation of your shared life.
Marriages less than two years old at green card approval result in conditional permanent residence, requiring additional steps to remove conditions before the second anniversary.
Sponsoring Your Children
Children must be unmarried and under 21 to qualify as immediate relatives. Stepchildren qualify if the marriage creating the stepparent relationship occurred before the child turned 18. Adopted children qualify if adoption occurred before age 16 (or 18 in some circumstances).
If your child is approaching 21 or considering marriage, file the petition promptly. Turning 21 or marrying before petition approval moves them to slower categories. The Child Status Protection Act provides some protection but doesn't eliminate all risk.
Sponsoring Your Parents
Adult U.S. citizens (21 or older) can sponsor parents. File separate I-130 petitions for each parent. Parents of naturalized citizens can also be sponsored—the citizen doesn't need to be born in the U.S.
Stepparents qualify if the marriage creating the relationship occurred before the citizen child turned 18. Adoptive parents who adopted the citizen before age 16 also qualify.
The Green Card Process
After I-130 approval, the sponsored relative applies for the green card through either adjustment of status (if legally in the U.S.) or consular processing (if abroad).
Adjustment of status allows the relative to stay in the U.S. throughout processing. They file Form I-485 along with medical exams, supporting documents, and fees. An interview at a local USCIS office is standard.
Consular processing involves completing the immigrant visa application at a U.S. embassy in the relative's home country. After interview approval, they receive an immigrant visa to enter the U.S. as a permanent resident.
Overcoming Inadmissibility
Even immediate relatives must be "admissible"—not subject to grounds that bar permanent residence. Criminal history, prior immigration violations, certain health conditions, or fraud can create inadmissibility issues.
Waivers may be available for some inadmissibility grounds. Immediate relative waivers are often more favorable than those for other categories. An immigration attorney can evaluate whether waivers are available and likely to succeed.
Financial Support Requirements
Sponsors must sign Form I-864, Affidavit of Support, demonstrating income at 125% of federal poverty guidelines. This is a legally binding promise to support the immigrant financially.
Joint sponsors or assets can supplement income if the primary sponsor doesn't meet requirements. Properly documented financial support is essential for approval.
Getting Legal Help
Immediate relative petitions may seem straightforward, but complications arise with prior immigration violations, previous marriages, documentation challenges, and inadmissibility issues. An immigration attorney ensures your petition is prepared correctly, helps overcome obstacles, and guides you through the entire process. For something as important as bringing loved ones to America, professional assistance helps avoid costly mistakes and delays.