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IMMIDIATE RELATIVES OF A U.S. CITIZEN
United States citizens have the right to bring their relatives from abroad.
There are two main categories for family-based immigrant visas:
• immediate relative of a U.S. citizen; or
• under one of four preference immigrant visas.
IMMIDIATE RELATIVES OF A U.S. CITIZEN
There is no limit on the number of visas allowed per year under the "immediate relative" category. Visas are immediately available for these relatives to apply for lawful permanent residence. Immediate Relatives may immigrate to the United States on a petition I-130 Petition for Alien Relative. |
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Immediate Relatives include:
- Spouse of U.S. citizens – if the marriage is less than two years in duration, the immigrating spouse will be granted conditional residence for two years. Then, the couple must apply for Removal of Condition
- Children of U.S. citizens - the child must be unmarried and under the age of 21 to qualify. The child may be a natural-born (legitimate), adopted, step-children, or legitimated.
- Parents of U.S. citizens – a US citizen child must be at least 21 years of age in order to sponsor his or her parents.
PREFERENCE IMMIGRANT VISAS
The following categories of relatives are eligible for immigrant visa based on the relationship with a U.S. Citizen or a Lawful Permanent Resident.
- Unmarried sons or daughters (21 or older) of US citizens.
- Spouses and children (under 21) of lawful permanent residents.
- Unmarried sons and daughters (21 or older) of lawful permanent residents.
- Married sons or daughters of US citizens and their unmarried children under 21.
- Brothers or sisters of US citizens.
Application Procedure Outline
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  Documentation required:
- I-130 Petition for Alien Relative
- G-325A Biographical Information
- Marriage certificate for spousal applications
- Birth certificates for child/parents applications
- Evidence of U.S. Citizenship or lawful permanent residence
- Birth or baptismal certificates for both the sponsor and the foreign relative if they are brother and sisters with the same parents
- Divorce papers if there was a preceding marriage for either applicant or immigrant relative
- 2 photographs of the applicant and immigrant relative
- Filling fee in the amount of $185 in the form of check or money order payable to US CIS
 I-130 Petition approval is sent to the petitioner’s address in the United States. Then, the documentation is transferred to the National Visa Center. Once the immigrant visa for your
relative’s category is available, your relative will be contacted by the U.S. Consulate in the country
the alien relative resides or will go for an interview.
 The alien relative will have to prepare for the interview in the U.S. Consulate in his or her country and complete the package provided by the same consulate.
The following documentation is requested for the interview*:
- Passport;
- Birth certificate;
- Photographs of the applicant;
- Form I-864 Affidavit of Support from Petitioning party
- Marriage Certificate;
- Divorce Decrees from prior marriages.
* the documentation required for the interview may require other items, please read the instructions letter carefully and be ready to produce more papers than are listed above.
Access Legal charges $250 to complete, review, and submit your Petition for Alien Relative.
This fee includes assistance with any additional information that may be requested by U.S. CIS in connection with your petition. The fee includes preparation of the Affidavit of Support. |
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| Access Legal Services, 490 S. San Vicente Blvd. #7, Los Angeles, CA 90048, phone: (818) 448-3327 and (323) 655-5804 fax: (323) 938-0138 |
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