Immediate Relative Visa

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What Is Immediate Relative Visa ?

If you are an immediate relative of a U.S. citizen and meet certain eligibility requirements, you can become a lawful permanent resident (obtain a Green Card) based on your family ties. You will be called an immediate relative if you are:

  • A spouse of the U.S. citizen;
  • An 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).

Eligibility for Adjustment of Status

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-

  1. You must have been-
    • Inspected and admitted into the U.S.; or
    • Inspected and paroled into the U.S.
  2. You must properly file an adjustment of status application.
  3. You must be physically present in the U.S.
  4. You must be eligible to receive an immigrant visa.
  5. You must be admissible to the U.S. for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief.
  6. You merit the favorable exercise of discretion.

You can reach out to our immigration lawyers to determine your eligibility for the Immediate Relative category of Family based green card.

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Other Type Of Green Card

Required Documents For Immediate Relative Visa

If you are already in the U.S., you should submit the following documentation and evidence to apply for a Green Card as an immediate relative –

  • Form I-485, Application to Register Permanent Residence or Adjust Status;
  • Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130);
    Two passport-size photographs;
  • Copy of your government-issued identity document with photograph;
  • Copy of your birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable);
  • Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
  • Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)
  • Form I-864, Affidavit of Support Under Section 213A of the INA or Form I-864EZ, Affidavit of Support Under Section 213A of the Act;
  • Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
  • Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable);
  • Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
  • Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e)
  • If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities;
  • Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only if you have A, G, or NATO nonimmigrant status); and
  • Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).
  • Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver.

If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for foreign Relatives filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid).

Over the years, the Law Offices of Prashanthi Reddy, PLLC, an NYC-based immigration law firm, has submitted many family-based immediate relative applications. That’s the reason why we can foresee problems and provide appropriate advice at the right moment. Because a lot of our work at the Law Offices of Prashanthi Reddy, PLLC, is family-based immigration, we are in a unique position to advise our clients on best practices at the time of submitting family-based green card applications.

For more information, contact The Law Offices of Prashanthi Reddy at prashanthi@reddyesq.com or by calling 212-354-1010.

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