For individuals residing in the United States and seeking to obtain a Green Card, understanding the definition of “immediate family” within U.S. immigration law is crucial. This article, based on official guidelines, clarifies the eligibility requirements for adjusting your status to that of a lawful permanent resident as an immediate relative of a U.S. citizen. This process, known as “adjustment of status,” allows certain individuals already in the U.S. to apply for a Green Card without needing to return to their home country for visa processing.
Who Qualifies as Immediate Family?
In the context of U.S. immigration, “immediate relatives” are specifically defined as:
- Spouses of U.S. citizens
- Children (unmarried and under 21 years of age) of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years of age)
This definition is important because U.S. immigration law prioritizes immediate relatives of citizens, making immigrant visas readily available to them without annual limits. This differs from other family-based preference categories that often face waiting times due to visa quotas.
Basic Eligibility for Adjustment of Status as an Immediate Relative
To be eligible for a Green Card as an immediate relative while already in the United States, you generally must meet several key requirements:
1. Lawful Entry: Inspected and Admitted or Paroled
Generally, U.S. Citizenship and Immigration Services (USCIS) requires that you were “inspected and admitted” or “inspected and paroled” into the United States by an immigration officer. This means you entered the U.S. legally, typically with a valid visa or through the Visa Waiver Program, and were formally admitted by a Customs and Border Protection (CBP) officer.
For detailed information on this requirement, you can refer to the USCIS Policy Manual, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled.”
2. Immigrant Visa Eligibility
You must be eligible to receive an immigrant visa under the immediate relative category. This means you must be the beneficiary of a petition filed by your U.S. citizen relative. Specifically:
- Form I-130 Approval: A U.S. citizen relative must file Form I-130, Petition for Alien Relative on your behalf, and it must be approved by USCIS. You can apply for adjustment of status if you have an already approved Form I-130, a pending Form I-130, or you can even file Form I-130 and Form I-485, Application to Register Permanent Residence or Adjust Status concurrently in certain situations.
3. Filing Form I-485 and Physical Presence
You must properly file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. Furthermore, you must be physically present in the United States at the time you file this application.
4. Visa Availability
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 considered available because there are no numerical limits in this category.
5. Valid Relationship
The qualifying relationship with your U.S. citizen relative who filed Form I-130 must still exist. For example, if you are applying as the spouse of a U.S. citizen, you must still be legally married.
6. No Bars to Adjustment
Certain circumstances can bar you from adjusting status. These bars are outlined in section 245(c) of the Immigration and Nationality Act (INA). It’s important to review these potential bars to ensure they do not apply to your situation.
For more detailed information on bars to adjustment, consult the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.
7. Admissibility to the U.S.
You must be admissible to the United States for lawful permanent residence. This means you must not be subject to any grounds of inadmissibility as listed in INA 212(a). These grounds cover various issues, including health-related grounds, criminal history, and immigration violations.
However, as an immediate relative of a U.S. citizen, one specific ground of inadmissibility, related to labor certification, does not apply to you.
- Labor certification and qualifications for certain immigrants (INA 212(a)(5))
If you are found to be inadmissible, you may be eligible for a waiver of inadmissibility or another form of relief depending on the specific ground and your circumstances. 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 if you need to seek a waiver.
For comprehensive information on grounds of inadmissibility and waivers, refer to USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.
8. Favorable Exercise of Discretion
Finally, USCIS must determine that you merit a favorable exercise of their discretion. This means, even if you meet all the eligibility requirements, USCIS still has the authority to deny your application if there are negative factors in your case. However, for most immediate relatives who meet the basic requirements and are otherwise law-abiding, this is typically not a significant concern.
How to Apply for Adjustment of Status
If you meet the above eligibility criteria, you can apply for a Green Card through adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
As an immediate relative, you have the option to file Form I-485 concurrently with Form I-130, Petition for Alien Relative or after Form I-130 has been filed or approved. Concurrent filing can streamline the process in many cases.
For more information on concurrent filing, see our page on Concurrent Filing.
Required Documentation
When applying for adjustment of status as an immediate relative, you will need to submit various documents as evidence of your eligibility. These typically include:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Copy of Form I-797, Approval or Receipt Notice for Form I-130 (if applicable)
- Two passport-style photographs
- Copy of government-issued identity document with photograph
- Copy of birth certificate
- Copies of passport pages (visa and admission/parole stamp, if applicable)
- Copy of Form I-94, Arrival/Departure Record
- 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 any criminal charges (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 J-1 or J-2 status (if applicable)
- Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities (if applicable for A, G, or E nonimmigrant status)
- Form I-566, Interagency Record of Request (if applicable for A, G, or NATO status)
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable)
Remember to check the USCIS website for the most current forms, instructions, and filing fees.
Family Members of Immediate Relatives
It is important to note that if you are a spouse or child of an immediate relative, you cannot derive Green Card eligibility from the immediate relative’s application. You must independently qualify for a Green Card and file your own application and potentially have a qualifying relative petition for you separately if applicable.
Employment Authorization and Travel
While your Form I-485 is pending, you can apply for:
- Employment Authorization Document (EAD): File Form I-765, Application for Employment Authorization to request permission to work in the U.S.
- Advance Parole Document: File Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records if you need to travel outside the U.S. temporarily. Traveling without advance parole while your I-485 is pending may be considered abandonment of your application.
Refer to the Instructions for Form I-131 and our pages on Employment Authorization and Travel Documents for further details.
Legal Resources
For more in-depth information, you can refer to the following resources:
- USCIS Policy Manual
- Immigration and Nationality Act (INA)
- Form I-485 Instructions
This information is intended as a general guide and not legal advice. It is always recommended to consult with an immigration attorney for personalized advice regarding your specific situation.
