Immediate Relative of a US Citizen

Visa overview

Immediate relative categories cover the closest family members of US citizens: spouses, unmarried children under 21, and — where the citizen is at least 21 — parents. The defining feature is that these categories are not subject to annual numerical limits, so there is no waiting list for a visa number as there is in the preference categories. That does not make the process quick; it means the timeline is governed by petition and processing stages rather than by queue position. A US citizen petitioner must establish both the qualifying relationship and the ability to support the relative financially.

Who may qualify

• Spouses of US citizens
• Unmarried children under 21 of US citizens
• Parents of US citizens who are at least 21 years old
• Certain stepchildren and adopted children, where the relationship was established within the required timeframes

This is general information about the category, not an assessment of your circumstances.

Key requirements

• A petitioner who is a US citizen and can evidence that citizenship
• Documentary proof of the qualifying family relationship
• For marriage cases, evidence that the marriage is genuine and not entered into for immigration purposes
• An affidavit of support showing the petitioner meets the income requirement, or a qualifying joint sponsor
• Admissibility of the intending immigrant, including the medical examination and police certificates

Typical application process

1. 1The US citizen files the family petition with evidence of citizenship and of the relationship
2. 2On approval, the case moves to the National Visa Center where fees and documents are submitted
3. 3The petitioner files the affidavit of support with supporting financial evidence
4. 4The relative completes the immigrant visa application and gathers civil documents
5. 5The relative attends the medical examination and the consular interview
6. 6A relative already in the United States in a lawful status may instead be eligible to adjust status
7. 7On approval, the relative enters as a permanent resident, or receives status if adjusting

Documents commonly required

• Evidence of the petitioner’s US citizenship
• Marriage certificate, birth certificates or adoption decrees establishing the relationship
• Evidence that any prior marriages were legally terminated
• For marriage cases: joint financial records, shared tenancy or property documents, photographs across the relationship, correspondence
• Affidavit of support with tax returns, employment letters and pay records
• Passport and civil documents for the intending immigrant
• Police certificates and the medical examination report

Typical processing considerations

Because immediate relative categories are not numerically limited, there is no visa queue — but the case still passes through petition processing, National Visa Center document review, consular appointment scheduling and any administrative processing. Marriage cases entered into recently may involve additional review. Government processing periods change and no date or outcome can be guaranteed.

Common questions about the IR