Who is an immediate relative?

Only a U.S. citizen can file for an immediate relative. These relatives qualify:

  • The spouse of a U.S. citizen. Our marriage green card guide covers spouses in detail.
  • The unmarried child under 21 of a U.S. citizen. A stepchild qualifies if the marriage that created the relationship took place before the child turned 18.
  • The parent of a U.S. citizen who is at least 21 years old. A permanent resident cannot petition for a parent.
  • A widow or widower of a U.S. citizen, if the citizen filed a petition before death, or if the widow or widower files within 2 years of the death.

Why is there no waiting line?

The law sets no annual limit on immigrant visas for immediate relatives, so a visa is always available. Family preference categories, such as adult or married sons and daughters, have annual limits and waiting lines.

A child stays an immediate relative if the child was under 21 on the day the citizen filed Form I-130. This rule comes from the Child Status Protection Act (CSPA). The child must stay unmarried. If the child marries, the case moves to the F3 preference category and keeps its priority date.

How do you petition for a parent?

The citizen files Form I-130 for each parent and proves the relationship. Common documents include:

  • Your birth certificate with your name and your parent's name
  • Your naturalization certificate or U.S. passport, if you were not born in the United States
  • For a father: your parents' civil marriage certificate, or proof of legitimation or of a bond with your father, depending on the case
  • For a stepparent: the marriage certificate that shows the marriage took place before your 18th birthday
  • For an adoptive parent: the adoption certificate that shows the adoption took place before your 16th birthday

How do you petition for a child?

File a separate Form I-130 for each child, with the child's birth certificate and proof of your citizenship. A father may also need a marriage certificate or proof of legitimation. An adoptive parent shows the adoption decree and 2 years of legal and physical custody.

If the stepchild becomes a resident before your marriage is 2 years old, the stepchild gets a conditional green card. Then you file Form I-751 in the 90 days before it expires.

Can the relative get the green card inside the United States?

Yes, if the relative was inspected and admitted, or inspected and paroled, and meets the other requirements. The relative can file Form I-485 with Form I-130, while it is pending, or after approval.

For immediate relatives, two bars do not apply: a past overstay or status violation, and past unauthorized work. A person who entered without inspection generally cannot adjust status, unless INA 245(i) applies. That person may need a provisional waiver and consular processing.

If the relative is abroad, USCIS sends the approved petition to the National Visa Center. A consular officer then interviews the relative and decides on the immigrant visa.

How much does it cost?

These USCIS fees apply as of October 2026, from Form G-1055 (edition 10/16/26). The State Department charges its own visa fees. Processing times vary, so check the USCIS processing times tool.

  • Form I-130: $675 on paper or $625 online
  • Form I-485: $1,440 on paper or $1,390 online. A child under 14 who files with a parent pays $950 or $900.
  • Form I-864, Affidavit of Support: $0
  • Form I-765 with a pending Form I-485 filed with a fee: $260
  • Form I-131 advance parole with a pending Form I-485: $630 on paper or $580 online
  • USCIS Immigrant Fee after consular processing: $235

What changed in 2025 and 2026?

Proclamation 10998 took effect on January 1, 2026. It suspends immigrant visas for nationals of listed countries, such as Haiti, Cuba, and Venezuela. The old exceptions for spouses, children, and parents of U.S. citizens (IR-1/CR-1, IR-2/CR-2, IR-5) no longer apply.

USCIS hold memos PM-602-0192 and PM-602-0194 paused applications from nationals of listed countries. Federal courts in Rhode Island and California vacated and enjoined them in June and August 2026. On August 14, 2026, the First Circuit let the re-review of approved benefits continue.

A new public charge rule applies to Form I-485 filed on or after September 18, 2026, and it covers spouses, children, and parents of U.S. citizens. A May 2026 USCIS memo (PM-602-0199) calls adjustment of status extraordinary relief and lets officers weigh how a person used a visa.

Since August 13, 2026, travel on advance parole counts as a departure for the 3- and 10-year unlawful presence bars (Matter of Delcarmen-Lara). These rules may change, and some are in litigation. Get a case-specific review before you file or travel.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. The firm reviews the relationship documents and the immigration history of each relative. It decides with you between adjustment of status and consular processing. It prepares Forms I-130, I-485, and I-864, answers requests for evidence, and prepares the family for the interview, in English or Spanish.

Step by step

  1. Confirm the relationship

    Check that the petitioner is a U.S. citizen, and at least 21 if the relative is a parent.

  2. Gather documents

    Collect birth, marriage, or adoption records, proof of citizenship, and translations of foreign documents.

  3. File Form I-130

    File one petition for each relative. If the relative is in the United States and eligible, file Form I-485 with it.

  4. Complete the green card steps

    Submit the medical exam (Form I-693) and the Affidavit of Support (Form I-864), and attend biometrics.

  5. Attend the interview

    USCIS interviews adjustment applicants unless it waives the interview. Abroad, the consulate interviews the relative.

  6. Receive the green card

    A stepchild who gets a conditional card must file Form I-751 in the 90 days before it expires.

Frequent questions

Can a green card holder petition for a parent?

No. Only a U.S. citizen who is at least 21 can petition for a parent.

What happens if my child turns 21 while the case is pending?

Under the CSPA, the child's age freezes on the day you filed Form I-130 as a citizen. If the child was under 21 then and stays unmarried, the child stays an immediate relative.

Can my parent get a green card after entering on a tourist visa?

Possibly. If an officer inspected and admitted your parent, an overstay alone does not bar an immediate relative from adjustment. Under the May 2026 memo, the officer weighs how your parent used the visa, so get a review first.

Does the 2026 travel proclamation affect relatives abroad?

It can. Proclamation 10998 suspends immigrant visas for nationals of listed countries, and the exceptions for immediate relatives no longer apply. Ask for a case review before you file.

Related

Official sources