To navigate the U.S. immigration system, it’s crucial to understand the concept of “immediate family” as it relates to obtaining a Green Card. U.S. immigration law prioritizes immediate relatives of U.S. citizens, offering a pathway to lawful permanent residence within the United States. This article will clarify What Is Immediate Family in this context and outline the eligibility requirements for adjusting status to a Green Card if you are currently in the United States as an immediate relative.
Who Qualifies as Immediate Family?
In U.S. immigration law, the term “immediate relatives” is specifically defined and includes:
- Spouses of U.S. citizens: This category is straightforward, referring to legally married husbands or wives of U.S. citizens.
- Children of U.S. citizens: This includes unmarried children under the age of 21. Stepchildren and adopted children may also qualify under certain conditions.
- Parents of U.S. citizens: U.S. citizens must be at least 21 years old to petition for their parents to immigrate.
It’s important to note that this definition is narrower than the common understanding of immediate family. For immigration purposes, it does not include siblings, adult children (over 21), or parents of lawful permanent residents. These relationships fall under different preference categories with longer waiting times for visa availability.
Eligibility Requirements for Adjustment of Status as an Immediate Relative
If you are physically present in the United States and fall into one of the immediate relative categories, you may be eligible to apply for a Green Card through a process called “adjustment of status.” To be eligible, you must meet several key requirements:
1. Lawful Entry: Inspected and Admitted or Paroled
Generally, you must have been “inspected and admitted” or “inspected and paroled” into the United States by a U.S. immigration officer. This means you entered the U.S. legally, typically with a valid visa or through the Visa Waiver Program, and were processed by an immigration officer at a port of entry. There are limited exceptions to this requirement, which are detailed in USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled.”
2. Eligibility to Receive an Immigrant Visa
As an immediate relative, you are in a category where an immigrant visa is always considered immediately available. This is a significant advantage, as visa availability is often a bottleneck for other immigrant categories. To be eligible to receive this immediately available visa, you must:
- File Form I-485, Application to Register Permanent Residence or Adjust Status: This is the primary application form to adjust your status to lawful permanent resident.
- Maintain Physical Presence in the U.S.: You must be physically present in the United States at the time of filing Form I-485.
- Have an Approved or Pending Form I-130 Petition: A U.S. citizen immediate relative must file Form I-130, Petition for Alien Relative, on your behalf. This petition establishes the qualifying relationship. You can file Form I-485 concurrently with Form I-130, while it is pending, or after it has been approved.
- Maintain the Qualifying Relationship: The familial relationship with your U.S. citizen relative must still exist when you file Form I-485 and when USCIS makes a final decision on your application.
- Not Be Subject to Bars to Adjustment: Certain actions or violations of immigration law can bar you from adjusting status. These bars are outlined in section 245(c) of the Immigration and Nationality Act (INA).
- Be Admissible to the United States: You must be admissible to the U.S. for lawful permanent residence. This means you must not have any grounds of inadmissibility that prevent you from obtaining a Green Card, or you must be eligible for a waiver of inadmissibility or another form of relief.
- Merit Favorable Discretion: USCIS has the discretion to approve or deny your application. You must demonstrate that you merit a favorable exercise of this discretion.
Bars to Adjustment and Grounds of Inadmissibility
It’s critical to be aware of potential bars to adjustment and grounds of inadmissibility that could affect your eligibility.
Bars to Adjustment: Certain circumstances related to your entry into the U.S. or past immigration violations can prevent you from adjusting status under the standard process (INA 245(a)). Section 245(i) of the INA offers a possible exception, allowing some individuals who are subject to bars to adjust status under certain conditions and by paying a higher fee. Consult the Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) for detailed information.
Grounds of Inadmissibility: To be granted a Green Card, you must be admissible to the United States. INA 212(a) lists various grounds of inadmissibility, which could include health-related issues, criminal history, prior immigration violations, and more. As an immediate relative of a U.S. citizen, you are exempt from one specific ground of inadmissibility: labor certification and qualifications for certain immigrants (INA 212(a)(5)).
If grounds of inadmissibility apply to you, you may be able to apply for a waiver of inadmissibility using Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, if applicable. Waivers are not always available, and eligibility depends on the specific ground of inadmissibility and your immigration category. Refer to USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers for comprehensive information.
How to Apply for Adjustment of Status
To apply for a Green Card as an immediate relative already in the U.S., you will generally need to file Form I-485, Application to Register Permanent Residence or Adjust Status. You can file this concurrently with Form I-130 or after Form I-130 has been filed and is pending or approved.
Required Documentation
You must submit comprehensive documentation with your Form I-485, 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 (if Form I-130 is already filed)
- If filing concurrently, submit all evidence for Form I-130 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 or 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.
- Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities (if you hold A, G, or E nonimmigrant status)
- Form I-566, Interagency Record of Request (if you have A, G, or NATO nonimmigrant status)
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable)
Remember to pay the required filing fees for Form I-485 and any other applicable forms, unless you qualify for a fee waiver. Consult USCIS’ Filing Fees and Fee Schedule for current fee information.
Family Members of Immediate Relatives
It’s important to understand that if you are a spouse or child of an immediate relative (for example, the spouse or child of the spouse of a U.S. citizen), 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 based on your own eligibility criteria.
Employment Authorization and Advance Parole
While your Form I-485 is pending, you can apply for:
- Employment Authorization Document (EAD): File Form I-765, Application for Employment Authorization, to obtain permission to work in the U.S.
- Advance Parole Document: File Form I-131, Application for Travel Document, to request permission to travel outside the U.S. and return while your adjustment of status application is pending without abandoning it.
Legal References and Further Information
For more detailed information and legal references, you can refer to the following:
- USCIS Policy Manual Volume 7, Adjustment of Status
- Immigration and Nationality Act (INA) Section 245
- Immigration and Nationality Act (INA) Section 212(a)
- Form I-485, Application to Register Permanent Residence or Adjust Status Instructions
- Form I-130, Petition for Alien Relative
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) Instructions
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal
- Form I-765, Application for Employment Authorization
- Form I-131, Application for Travel Document
Understanding what is immediate family in the context of U.S. immigration law is the first step in navigating the path to a Green Card. If you believe you qualify as an immediate relative and meet the eligibility requirements for adjustment of status, carefully review the application process and required documentation, and consider seeking legal advice from an immigration attorney to ensure a smooth and successful application.
