Spouses, unmarried children under 21 and parents of U.S. citizens (when the citizen is at least 21) are immediate relatives. They are not subject to the annual visa limits that create waiting lines in the family preference categories. Most cases begin with Form I-130, and an eligible relative already in the United States may be able to file Form I-485 at the same time.
Part of our guide: Family-Based Immigration: How to Sponsor a Relative for a Green Card.
U.S. immigration law gives special treatment to certain close relatives of U.S. citizens by classifying them as immediate relatives.
This classification matters because immediate relatives are not subject to the annual numerical limits that apply to the family preference categories. In other words, a qualifying immediate relative does not have to wait for a visa number to become available through the family preference quota system.
That does not mean every immediate-relative case is automatically approved or that processing is instantaneous. The petitioner must establish the qualifying relationship, and the intending immigrant must separately qualify for permanent residence.
Who Is an Immediate Relative?
For family-based immigration purposes, the principal immediate-relative categories are:
- Spouses of U.S. citizens. A U.S. citizen may petition for a qualifying husband or wife.
- Children of U.S. citizens. Generally, the child must be unmarried and under 21 and must satisfy the immigration-law definition of “child.”
- Parents of U.S. citizens. A U.S. citizen must be at least 21 years old to petition for a parent.
The exact legal definition of a qualifying spouse, parent, or child can become important in cases involving stepchildren, adoption, children born outside marriage, prior marriages, or other complicated family circumstances.
What Does Form I-130 Do?
Most immediate-relative cases begin when the U.S. citizen files Form I-130, Petition for Alien Relative, with USCIS.
The I-130 establishes the claimed qualifying relationship. Depending upon the relationship, additional forms may also be required. For example, a spousal petition generally includes Form I-130A, Supplemental Information for Spouse Beneficiary.
Approval of an I-130 is an important step, but it is important to understand what that approval means, and what it does not mean. An approved I-130 recognizes the qualifying relationship for immigration purposes. It does not, standing alone, grant permanent residence, employment authorization, an immigrant visa, or the right to remain in the U.S. while the application is pending. The beneficiary must also still complete the applicable permanent-residence process.
Why Does Immediate-Relative Status Matter?
The most important procedural advantage is visa availability. Family preference applicants may have to wait for their priority dates to become current. Immediate relatives do not face that numerical waiting line. USCIS specifically explains that immediate relatives of U.S. citizens are not subject to immigrant-visa numerical limitations.
For an immediate relative who is otherwise eligible to adjust status in the United States, this may also permit the I-130 and I-485 to be filed together. That is called concurrent filing, and it can considerably reduce the time it takes for a case to be approved.
Concurrent filing does not eliminate the separate legal requirements for approval of either application. USCIS must still determine that the qualifying family relationship exists and that the foreign national is eligible to adjust status.
Adjustment of Status for an Immediate Relative
An immediate relative who is in the United States and meets the requirements for Adjustment of Status may be able to submit a package that includes:
- Form I-130, Petition for Alien Relative;
- Form I-485, Application to Register Permanent Residence or Adjust Status;
- Form I-864, Affidavit of Support, when required;
- The required Medical Examination Documentation;
- Form I-765, Application for Employment Authorization, if the applicant wishes to request employment authorization and qualifies to file it; and
- Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, if the applicant wishes to request applicable travel documentation and qualifies to file it.
The exact filing package depends upon the case.
Importantly, being the immediate relative of a U.S. citizen does not by itself cure every immigration problem. The applicant must independently qualify for adjustment, and grounds of inadmissibility or other statutory restrictions may still apply.
Learn more: Apply for a Green Card Inside the U.S. or Abroad: Adjustment of Status vs. Consular Processing.
Consular Processing for an Immediate Relative
When the beneficiary will obtain an immigrant visa abroad, USCIS generally forwards an approved I-130 to the National Visa Center (NVC).
The NVC creates the immigrant-visa case and provides instructions for completing the next stages. The applicant and petitioner ordinarily complete the payment of required fees, financial sponsorship, forms, civil-document, and immigrant-visa application process through the Department of State’s Consular Electronic Application Center.
The intending immigrant ordinarily completes Form DS-260. The petitioner generally submits Form I-864, Affidavit of Support, unless an exception applies. After the documentary process is completed and an interview can be scheduled, the case proceeds to the appropriate U.S. embassy or consulate.
How Long Does an Immediate-Relative Case Take?
There is no single government processing time that accurately predicts every immediate-relative case. USCIS’s most recent published national historical data reports a 12.9-month median for immediate-relative I-130 petitions in FY2026 through June 30, 2026. A median means that half of the cases reflected in that dataset were completed in less time and half in more time; it is not a guarantee for an individual case.
Adjustment cases also vary by field office. USCIS instructs family-based I-485 applicants whose cases are processed through the National Benefits Center to consult the processing time for their local field office.
Consular processing cases have additional stages involving USCIS, the NVC, and a U.S. embassy or consulate, and generally take longer as a result. As of September 14, 2026, the NVC reported that it was creating cases received from USCIS on September 1 and reviewing documents submitted on July 22, but those NVC figures change frequently and do not measure the entire immigrant-visa process.
Learn more: Apply for a Green Card Inside the U.S. or Abroad: Adjustment of Status vs. Consular Processing.
Frequently Asked Questions
Do immediate relatives have to wait for a visa number?
No. Immediate relatives of U.S. citizens are not subject to immigrant-visa numerical limitations, so they do not wait for a priority date to become current.
Can the I-130 and I-485 be filed together?
Yes, for an immediate relative who is otherwise eligible to adjust status in the United States. This is called concurrent filing, and it can considerably reduce the time it takes for a case to be approved.
How long does an immediate-relative case take?
There is no single answer. USCIS data shows a 12.9-month median for immediate-relative I-130 petitions in FY2026 through June 30, 2026. Adjustment cases vary by field office, and consular cases add National Visa Center and embassy stages.
Talk to an Immigration Attorney
Your first consultation is free. Contact Polatsek, Boheme & Wilkowski at polatsek.law or call (954) 566-0377.
Continue Reading
- Apply for a Green Card Inside the U.S. or Abroad: Adjustment of Status vs. Consular Processing
- Removing Conditions on a Marriage-Based Green Card: Form I-751
- Family Preference Visas, Priority Dates, and the Visa Bulletin: How Long is the Wait?
- How to Apply for U.S. Citizenship: Form N-400
- Family Visa Categories Explained: IR-1, CR-1, IR-2, IR-5 and F1–F4
Back to the overview: Family-Based Immigration: How to Sponsor a Relative for a Green Card.