If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so visas are always available - there is no waiting for a visa number.
You are the unmarried child under 21 years of age of a U.S. citizen
You are the parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)
For adjustment of status: you must have been inspected and admitted or inspected and paroled into the United States
You must be admissible to the United States or eligible for a waiver of inadmissibility
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Regulatory Criteria
Immediate Relative Categories
You are an immediate relative if you are the spouse, unmarried child under 21, or parent of a U.S. citizen. The U.S. citizen petitioner must be 21 or older to petition for parents.
Examples
Spouse of a U.S. citizen
Unmarried child under 21 years of age of a U.S. citizen
Parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)
Widow or widower of a U.S. citizen (separate eligibility rules apply)
Inspected and Admitted or Paroled
Generally, to be eligible to adjust status, you must be present in the United States after being 'inspected and admitted' or 'inspected and paroled' by an immigration officer. There are some limited exceptions to this requirement.
Examples
Entered with a valid visa and were admitted by a CBP officer
Entered through the Visa Waiver Program and were admitted
Entered with advance parole and were paroled by a CBP officer
Limited exceptions may apply under INA 245(i)
Eligibility to Receive an Immigrant Visa
You are eligible to receive an immigrant visa if you have an approved Form I-130, a pending Form I-130 that is ultimately approved, or a Form I-130 filed together with your Form I-485. The family relationship must still exist at the time of decision.
Examples
Approved Form I-130, Petition for Alien Relative
Pending Form I-130 (that is ultimately approved)
Form I-130 filed concurrently with Form I-485
Relationship to the U.S. citizen petitioner still exists
Bars to Adjustment and Inadmissibility
Depending on how you entered the United States or if you committed certain acts or violations, you may be barred from adjusting status. Grounds of inadmissibility are listed in INA 212(a). Waivers may be available for certain grounds.
Examples
Bars to adjustment listed in INA section 245(c) may apply
May be able to adjust under INA 245(i) if otherwise barred
Ground of inadmissibility for labor certification does NOT apply to immediate relatives
Waivers available via Form I-601 for certain grounds of inadmissibility
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Application Process
Form I-130
U.S. citizen files Form I-130, Petition for Alien Relative, to establish the family relationship.
Concurrent or Sequential
If in U.S.: file Form I-485 concurrently with I-130 or after I-130 approval. If abroad: consular processing.
Biometrics
Attend biometrics appointment for fingerprinting and photos.
Medical Exam
Complete Form I-693, Report of Immigration Medical Examination, with USCIS-designated physician.
Interview
Attend interview at USCIS field office (if adjusting status) or U.S. consulate (if abroad).
Decision
USCIS or consular officer adjudicates the application.
Green Card
If approved, receive Green Card (lawful permanent resident status).
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Key Benefits
No numerical limit on immigrant visas - visas are always immediately available
No wait for priority date to become current
Can file Form I-485 concurrently with Form I-130
Can apply for employment authorization while I-485 is pending
Can apply for advance parole for travel while I-485 is pending
Path to permanent residency and eventual U.S. citizenship
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Documents Needed
Form I-130, Petition for Alien Relative (filed by U.S. citizen)
Form I-485, Application to Register Permanent Residence or Adjust Status (if in U.S.)
Form I-864, Affidavit of Support Under Section 213A of the INA
Form I-693, Report of Immigration Medical Examination and Vaccination Record
Two passport-style photographs
Copy of government-issued identity document with photograph
Copy of birth certificate
Copy of marriage certificate (if spouse), with proof of termination of prior marriages
Copy of passport page with visa and admission/parole stamp (if applicable)
Copy of Form I-94, Arrival/Departure Record
Evidence of U.S. citizen petitioner's citizenship (passport, naturalization certificate, birth certificate)
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Frequently Asked Questions
Who qualifies as an immediate relative?
You are an immediate relative if you are: (1) the spouse of a U.S. citizen; (2) the unmarried child under 21 years of age of a U.S. citizen; or (3) the parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
Do I have to wait for a visa number?
No. Immigrant visas for immediate relatives of U.S. citizens are unlimited, so visas are always immediately available. There is no wait for a priority date to become current, unlike other family-based and employment-based categories.
Can I file Form I-130 and Form I-485 at the same time?
Yes. As an immediate relative, you may file your Form I-485 together ('concurrently') with the Form I-130, while the Form I-130 is pending, or after the Form I-130 is approved and remains valid.
Can I work while my application is pending?
Yes. When you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Can I travel while my application is pending?
Yes, but you should apply for an advance parole document by filing Form I-131 before traveling. Generally, if you have a pending Form I-485 and leave the United States without advance parole, your application may be considered abandoned.
What if I entered the U.S. without inspection?
You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars. See Form I-485 Supplement A for more information. Otherwise, you may need to pursue consular processing abroad.
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Fees
I-130 Petition Attorney Fee
$1,500
Initial Installment
$1,500
USCIS Fee (I-130)
$625
I-485 Attorney Fee (Principal)
$1,500
USCIS Fee I-485 (Adult)
$1,440
USCIS Fee I-485 (Child under 14)
$950
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.