Bringing Family to the U.S.: How the Immediate Relative Visa Works
The American immigration system is built on a foundation of family connections. If you are preparing to bring a family member to the United States, it is crucial that you understand how immediate relative visas work. At The Law Offices of Ricky Malik, P.C., we are leaders in immigration law. Our Virginia family-based immigration attorney provides a comprehensive guide to the key things to know about how immediate relative visas work.
Who Qualifies as an Immediate Relative Under American Immigration Law?
Immediate relative status matters. The American immigration system gives special priority to “immediate relatives” of U.S. citizens. The category allows certain family members to immigrate without waiting for a visa number to become available. Eligible relatives include a citizen’s:
- Spouse;
- Unmarried children under 21; and
- Parents (if the sponsoring citizen is at least 21).
Unlike most family-based immigration categories, there is no annual quota. In other words, immediate relative visas are always available for people who meet the eligibility requirements. There is no annual limit on the number that can be issued by the government.
Know the Law: Immediate Relatives and Immigration
Immediate relative visas are authorized under Immigration and Nationality Act (INA) § 201(b)(2)(A)(i). For the reason that they are “numerically unlimited,” these visas bypass the preference allocation system in INA § 203(a). To establish eligibility, the U.S. citizen petitioner must prove the qualifying family relationship through documentation such as marriage certificates, birth records, or adoption decrees. The applicant must also meet admissibility standards under INA § 212(a). That section of U.S. immigration law addresses things like criminal history, health grounds, and prior immigration violations.
What to Know About Filing the Petition for Immediate Relatives (Form I-130)
The immigration process begins when the American citizen files Form I-130, Petition for Alien Relative, with United States Citizenship and Immigration Services (USCIS). The form establishes the legal relationship between the petitioner and the beneficiary. Once approved, the petition allows the foreign national to move forward with the immigrant visa or green card application. All relevant supporting documentation is required. Without it, a Form I-130 will not be approved.
The law is clear: Under 8 C.F.R. § 204.1(a), a U.S. citizen may file Form I-130 for each qualifying immediate relative. The petition must include evidence sufficient to satisfy the burden of proof under 8 C.F.R. § 103.2(b). If the relative is in the United States and eligible for adjustment of status, the Form I-130 may be filed concurrently with Form I-485 under 8 C.F.R. § 245.2(a)(2)(i).
Note: Petitioners must also execute an Affidavit of Support (Form I-864) under INA § 213A, demonstrating financial ability to maintain the intending immigrant at 125 percent of the Federal Poverty Guidelines. Otherwise, the immediate relative may not be eligible to immigrate.
Understanding the Difference Between Consular Processing vs. Adjustment of Status
Once the petition is approved for an immediate relative to immigrate, the next step depends on whether the family member is inside or outside the United States. If the relative resides abroad, the case is sent to the National Visa Center (NVC) for consular processing at an American embassy or consulate. If the relative is already in the U.S. and entered lawfully, they may apply for adjustment of status to permanent residence without leaving. Both paths lead to the same result: Lawful permanent resident (green card) status.
What is Lawful Permanent Residency (A Green Card)?
A Lawful Permanent Resident (commonly known as a green card holder) is a non-citizen who has been granted the legal right to live and work permanently in the United States. A green card serves as proof of this status. Holders can accept employment, own property, travel abroad (with certain limits), and eventually apply for U.S. citizenship after meeting residency and good moral character requirements. Most green card holders can apply for citizenship after five years. Those who come to the United States through a spouse may qualify to apply in just three years.
Issues Can Arise for a Wide Range of Different Reasons
There is no question that it is easier for immediate relatives to immigrate to the United States than it is for non-immediate relatives. With that being said, the process can still be complicated. Indeed, even seemingly straightforward family-based cases can run into complications. Common mistakes include:
- Missing evidence of the relationship;
- Insufficient financial documentation; and
- Inconsistencies in application details.
Another frequent issue arises when beneficiaries have prior visa overstays or unauthorized employment. While these may not automatically disqualify an immediate relative, they can slow the process and trigger additional scrutiny from USCIS or consular officers. No matter your situation, a top-rated Virginia immigration law attorney can help you determine the best path forward.
We are Leaders in Immigration Law in Virginia
Family connections form the basis of the American immigration system. Immediate relatives generally have the most straightforward path to come to the United States. With that being said, even family immigration is still a complicated, paperwork-intensive process. At The Law Offices of Ricky Malik, P.C., we are proud to be leaders in immigration law. Our team works with all types of immediate family member cases, including spouses, minor children, unmarried adult children (18 to 21), and parents. We are committed to solving problems. Your initial consultation with our Virginia immediate relative visa attorney is confidential and without any additional obligations.
Call Our Virginia Family Immigration Lawyer for Immediate Help
At The Law Offices of Ricky Malik, P.C., our Virginia family immigration attorney is skilled, compassionate, knowledgeable, and committed to helping people solve problems. If you have any questions or concerns about visa options for immediate relatives, we can help. Please do not hesitate to contact us today for a completely confidential, no obligation case review. With an office in Manassas, we provide family immigration services throughout Northern Virginia.
