Immediate Relatives of U.S. Citizens

Immediate Relatives of United States citizens include the spouse, widow(er) and unmarried children under the age of 21 of a  United States citizens and the parent of a United States citizen who is 21 years of age or older. Unlike other family-based immigrant categories, immediate relatives are not subject to the numerical limitations of the preference guidelines. What this means is that once the petition is filed, a visa will immediately be made available to the beneficiary.

The unlimited family-based petitions also takes into account returning residents (SB) who have previously been granted lawful permanent resident status, but have remained outside the United States after a temporary visit of more than one year abroad.

There are specific rules governing the immediate relative category. Among them include the age of petitioning children, which requires them to be at least 21 years of age. Furthermore, married couples of less than two years are subject to a two-year conditional status. Following the two years, the couple must file a petition to remove the conditional status of the immigrant spouse. At that time, the marital relationship is assessed for validity or lack thereof.