For individuals residing in the United States who are immediate relatives of U.S. citizens, obtaining a Green Card through Adjustment of Status is a significant pathway to permanent residency. A crucial aspect of this process is understanding the Immediate Family Definition as recognized by U.S. immigration law. This article will delve into what constitutes “immediate family” in this context and outline the eligibility requirements for immediate relatives seeking to adjust their status to become lawful permanent residents.
Who Qualifies as Immediate Family?
In U.S. immigration law, the term “immediate relatives” has a specific and limited definition. It is not as broad as the everyday understanding of family. For immigration purposes, immediate relatives are specifically defined as:
- Spouses of U.S. Citizens: This includes legally married husbands and wives.
- Children of U.S. Citizens: This category is limited to unmarried children who are under the age of 21.
- Parents of U.S. Citizens: U.S. citizens can petition for their parents to receive a Green Card, provided the U.S. citizen is at least 21 years of age.
It’s important to note that this definition is strict. It does not include siblings, grandparents, aunts, uncles, or cousins, even if those family members are very close. Understanding this specific immediate family definition is the first step in determining eligibility for Adjustment of Status as an immediate relative.
Eligibility Requirements for Adjustment of Status as an Immediate Relative
If you fall under the immediate family definition and are currently in the United States, you may be eligible to apply for a Green Card through a process known as Adjustment of Status. To be eligible, you must meet several key requirements:
Lawful Entry: Inspected and Admitted or Inspected and Paroled
Generally, to adjust your status, you must have been lawfully admitted or paroled into the United States by a U.S. immigration officer. This means you must have entered the U.S. through a legal port of entry and been inspected by an officer who authorized your entry. This inspection results in being “admitted” or “paroled” into the country. There are limited exceptions to this rule, but in most cases, lawful entry is a fundamental requirement. For detailed information, you can refer to the USCIS Policy Manual, Volume 7, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled.”
Basic Eligibility to Receive an Immigrant Visa
To be eligible to adjust status as an immediate relative, you must also be eligible to receive an immigrant visa. This involves meeting several conditions:
- Properly Filed Form I-485: You must correctly file Form I-485, Application to Register Permanent Residence or Adjust Status. This is the primary application form for Adjustment of Status.
- Lawful Entry: As mentioned above, you must have been inspected and admitted or paroled into the United States.
- Physical Presence in the U.S.: You must be physically present in the United States at the time you file your Form I-485.
- Eligibility for an Immigrant Visa: You must be eligible to receive an immigrant visa based on your relationship as an immediate relative.
- Immigrant Visa Availability: Crucially, an immigrant visa must be immediately available to you both when you file Form I-485 and when USCIS makes a final decision on your application. The good news for immediate relatives is that visas are always immediately available; there are no quotas or waiting lists for this category.
- Valid Immediate Relative Relationship: The qualifying relationship to your U.S. citizen relative who is petitioning for you (through Form I-130, Petition for Alien Relative) must still exist. For example, if you are adjusting status as the spouse of a U.S. citizen, you must still be legally married.
- No Bars to Adjustment: Certain actions or violations of immigration law can create “bars to adjustment,” making you ineligible to adjust status. We will discuss these further below.
- Admissibility to the U.S.: You must be admissible to the United States for lawful permanent residence. This means you must not have any grounds of inadmissibility that prevent you from receiving a Green Card, or you must be eligible for and granted a waiver of inadmissibility.
- Merit Favorable Discretion: Finally, USCIS must determine that you merit the favorable exercise of their discretion to grant you a Green Card. This is a general requirement in immigration law.
To establish the qualifying immediate family relationship, you must have an approved Form I-130 petition filed on your behalf. You can have:
- An already approved Form I-130.
- A pending Form I-130 that will eventually be approved.
- A Form I-130 filed concurrently with your Form I-485.
Bars to Adjustment Explained
It’s critical to be aware of potential bars to adjustment. Certain circumstances related to your entry into the U.S. or actions you have taken can prevent you from adjusting status. Section 245(c) of the Immigration and Nationality Act (INA) lists these bars. If any of these apply to you, you may be ineligible to adjust status under the standard process (INA 245(a)). For detailed information on these bars, consult the USCIS Policy Manual Volume 7, Part B, regarding 245(a) Adjustment.
Adjustment of Status Under INA 245(i)
In some cases, even if you are subject to certain bars to adjustment and are ineligible under INA section 245(a), you might still be able to adjust status under INA section 245(i). This provision offers a path to adjustment for certain individuals who might otherwise be ineligible. Supplement A to Form I-485 provides instructions and details on eligibility for adjustment under Section 245(i).
Grounds of Inadmissibility and Waivers
To obtain a Green Card, you must be admissible to the United States. INA 212(a) lists various reasons why someone might be considered inadmissible, known as grounds of inadmissibility.
Generally, USCIS can only approve your Green Card application if none of these grounds apply to you. However, as an immediate relative of a U.S. citizen, you are exempt from one particular ground of inadmissibility: labor certification and qualifications for certain immigrants (INA 212(a)(5)). This is a significant benefit for immediate relatives.
If you are found to be inadmissible for other reasons, the law may allow you to apply for a waiver of inadmissibility or another form of relief. Form I-601, Application for Waiver of Grounds of Inadmissibility, and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, are relevant forms for seeking waivers. If a waiver is granted, and you meet all other eligibility requirements, USCIS may approve your Green Card application.
The availability of a waiver depends on the specific ground of inadmissibility and the category under which you are adjusting status. Eligibility requirements for waivers vary. For comprehensive information on grounds of inadmissibility and waivers, refer to USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.
How to Apply for Adjustment of Status
If you are in the United States and meet the eligibility criteria as an immediate relative, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, without needing to leave the country. This process is known as “adjustment of status.”
As an immediate relative, you have the option to file Form I-485 concurrently with Form I-130, Petition for Alien Relative, or while Form I-130 is pending, or after Form I-130 has been approved. This concurrent filing option can streamline the process. For more details, see USCIS resources on Concurrent Filing and Form I-130.
Since immigrant visas for immediate relatives are unlimited, they are always available, removing a common source of delay in other immigration categories.
Required Documentation for Your Application
To apply for a Green Card as an immediate relative already in the United States, you will need to submit comprehensive documentation, including:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Copy of Form I-797, Approval or Receipt Notice for Form I-130 (unless filing concurrently)
- If filing concurrently, submit all Form I-130 evidence at the same time.
- Two passport-style photographs
- Copy of government-issued identity document with photograph
- Copy of birth certificate
- Copy of passport page with nonimmigrant visa (if applicable)
- Copy of passport page with admission or parole stamp (if applicable)
- Copy of Form I-94, Arrival/Departure Record, or CBP admission/parole stamp (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
- Certified police and court records of criminal charges, arrests, or convictions (if applicable)
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
- Form I-212, Application for Permission to Reapply for Admission (if applicable)
- Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of waiver of the 2-year foreign residence requirement (if applicable), and potentially Form I-612, Application for Waiver of the Foreign Residence Requirement.
- If holding 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 (if applicable)
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable).
Remember that certain forms, including Form I-485, require filing fees. Consult USCIS’ Filing Fees and Fee Schedule for current fee information and potential fee waivers. For detailed instructions on applying for a Green Card within the U.S., refer to the Instructions for Form I-485 and USCIS’ Form Filing Tips.
Family Members of Immediate Relatives
It’s important to understand that if you are the spouse or child of an immediate relative who is applying for a Green Card, you cannot automatically derive Green Card status from their application. Each family member must independently qualify for a Green Card and file their own application. Derivative beneficiary status is not available for family members of immediate relatives.
Employment Authorization and Advance Parole
While your Form I-485 is pending, you can apply for employment authorization by filing Form I-765, Application for Employment Authorization. This allows you to work legally in the U.S. while awaiting your Green Card.
If you need to travel outside the U.S. temporarily while your I-485 is pending, you can apply for advance parole by filing Form I-131, Application for Travel Document. Obtaining advance parole is crucial; otherwise, leaving the U.S. without it while your I-485 is pending may be considered abandonment of your application. If filing Form I-131 concurrently with Form I-485, select item 5.A in Part 1 of Form I-131 and you do not need to include your I-485 receipt number. For more information, see the Instructions for Form I-131 and USCIS resources on Employment Authorization and Travel Documents.
Legal References
For further and more detailed information, refer to the following:
- USCIS Policy Manual Volume 7, Adjustment of Status
- Immigration and Nationality Act (INA)
- Form Instructions for all mentioned forms (I-485, I-130, I-601, I-212, I-765, I-131, etc.)
Understanding the immediate family definition and the eligibility requirements for Adjustment of Status is essential for those seeking to obtain a Green Card based on their relationship to a U.S. citizen. By meeting these requirements and following the proper application procedures, immediate relatives can pursue the path to lawful permanent residence in the United States.
