The United States Citizenship and Immigration Services (USCIS) gives immediate relatives of U.S. citizens the highest priority for permanent residency. They can be granted unlimited visas once their petition is approved.
But how does USCIS define an immediate relative? Who is considered an immediate relative of a U.S citizen?
A spouse
The legally recognized husband or wife of a U.S. citizen is an immediate relative. A qualifying spousal relationship is a marriage that’s legally valid in the place of celebration, is consistent with the public policy of the U.S., was entered into in good faith and demonstrates that the parties were legally free and able to marry.
An unmarried child under 21
A child of a U.S. citizen who is under 21 years of age is classified as an immediate relative.
A parent
Any parent of a U.S. citizen who is 21 years of age or older is also an immediate relative. A U.S. citizen who is under 21 years of age cannot file an immigrant visa petition for their mother or father.
A widow or widower
The USCIS considers the widow or widower of a U.S. citizen an immediate relative under specific legal requirements. For example, they must prove that the marriage was legally valid and was entered into in good faith. They must also prove that they were not divorced or legally separated from the U.S. citizen at the time of their death. In some circumstances, eligibility to be classified as a widow or widower ends if they have remarried. If you meet the eligibility requirements as a widow or widower of a U.S. citizen, you can self-petition.
Being classified as an immediate relative by USCIS has significant advantages. Learning more can help people make informed decisions for themselves and their family.
