Immediate Relative and First Preference Visa Petitions

Immigrating with an Immediate Relative Visa Petition

Each year, the US government allots a minimum of 226,000 family-based immigrant visas. These visas are split up into two categories, immediate relative and family preferences. Except for immediate relatives, all of the family preference categories are subject to a 226,000 annual quota.

In order to qualify as an immediate relative for immigration purposes, you must be one of the following:

  • Spouse of a US citizen;
  • Widow/widower of a US citizen; must have been married to the deceased for at least two years and be widowed within two years of the application;
  • Unmarried, under the age of 21 and at least one of your parents must be a US citizen;
  • A parent of a US citizen who is over the age of 21;
  • Adopted child of a US citizen and the adoption proceeding must have occurred before the child’s sixteenth birthday ; and
  • Be a stepchild or stepparent of a US citizen where the family relationship began before the stepchild’s eighteenth birthday.

If you are waiting for your status on your green card, you are eligible to apply for a K visa which will allow you to work temporarily in the US while you wait for you application to be processed. The only catch to obtaining a K visa is that you must have it issued outside of the US.

How to Apply and What Documents Are Needed

Immediate relatives of US citizens are always available. What this means is that you do not have to wait in a long que to get your visa. You need to file an I-485, Application to Register Permanent Residence or Adjustment of Status, and file an I-130 simultaneously if your relative is in the US otherwise, the relative will apply for an immigrant visa at the consulate. The basic documents needed for such a petition is proof of the Petitioner’s status as a US Citizen and proof of the alleged family tie.

Attorney’s Role

Whether filing for an immediate relative visa, it is important to work with an immigration attorney to make sure that you select the proper option based on your relation. Furthermore, there are a lot of rules and definitions that surround family based visas so it is wise to work with an attorney so they can help you select the proper category and file the proper forms.

Contact Us

To discuss an immediate relative sponsorship petition with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.