Immediate Relative Visas
Visas for Parents, Siblings, and Immediate Relatives
Some of the information on this page is publicly available on the USCIS website.
Eligibility Criteria
According to 8 CFR 245.1(b)(5), immediate relatives of U.S. citizens can apply for lawful permanent residency based on their familial relationship. Individuals who qualify as immediate relatives are:
- Unmarried sons/daughters of a U.S. citizen who are under 21 years of age
- Parents of a U.S. citizen (if the U.S. citizen is 21 years of age or older)
- The spouse of a U.S. citizen
Applying for a Family-Based Visa
To obtain lawful permanent residence, the first step is to file a Form I-130 with USCIS and provide proof of the U.S. citizen’s family member’s citizenship and familial relationship. If the foreign national relative entered the United States legally, they can file an application to adjust status to lawful permanent residence concurrently with or after the approval of Form I-130.
If the foreign national is outside the United States, they can undergo Immigrant Visa processing through a U.S. embassy or consulate abroad. Upon the approval of their immigrant visa, the foreign national can enter the United States as a Lawful Permanent Resident (LPR).
