Immigrant Ally

Immediate Relatives of U.S. Citizens

✅ No wait list

🌿 Quick Summary

  • •Who: Spouse of U.S. citizen, Unmarried child under 21 of U.S. citizen, Parent of U.S. citizen (petitioner must be 21 or older)
  • •Wait time: No wait list — visas always available
  • •Total estimated time: 12–24 months

Description

If you are the spouse, unmarried child under 21, or parent of a U.S. citizen, you are an "immediate relative" — the fastest family-based path to a green card. There is NO waiting list for immediate relatives. As long as your application is approved, you can get a green card without waiting for a visa number to become available. The total process usually takes 12–24 months.

Who Qualifies

✅ Who Can Apply

  • •U.S. citizen who files a petition for a qualifying family member
  • •The family member being petitioned must have a qualifying relationship (spouse, child under 21, or parent)
  • •For spouse: the marriage must be legally valid and genuine (not just for immigration)
  • •For child: must be unmarried and under 21 at the time of filing
  • •For parent: petitioning U.S. citizen must be 21 or older

❌ Who Cannot Apply

  • •Lawful Permanent Residents (green card holders) cannot petition as immediate relatives — they can only petition under the family preference categories (F2A, F2B)
  • •Married children of U.S. citizens do not qualify as immediate relatives (they fall under F3)
  • •Adult children (21+) of U.S. citizens do not qualify as immediate relatives (they fall under F1)
  • •Siblings of U.S. citizens do not qualify as immediate relatives (they fall under F4)

⏱ Timeline

Total estimated time: 12–24 months

1

I-130 petition processing

~6–12 months

2

I-485 processing (adjustment of status)

~8–18 months

3

Biometrics appointment

30–90 after I-485 filing

4

Interview scheduling

~3–9 after I-485 processing begins months

5

Consular processing (if outside U.S.)

~additional 3–9 months after NVC processing months

📋 Step-by-Step Process

Adjustment of Status (inside the U.S.)

1

Sponsor (U.S. citizen) files Form I-130

Sponsor

The U.S. citizen family member files Form I-130 to establish the legal relationship. This can be filed at the same time as the I-485 (called "concurrent filing") so you save time. If filing concurrently, you do not need to wait for the I-130 to be approved before filing the I-485.

📋 Form I-130💰 $675
2

Family member files I-485 package

Applicant

File Form I-485 (adjustment of status), Form I-765 (work permit), Form I-131 (advance parole travel document), and Form I-864 (affidavit of support from sponsor). Also include the sealed I-693 medical exam envelope. The I-765 and I-131 are free when filed with I-485.

💰 $1,440
3

USCIS sends biometrics appointment notice

USCIS

Within a few weeks, USCIS will mail a biometrics appointment notice. Go to the Application Support Center (ASC) listed on the notice on the scheduled date. They will take your fingerprints and photo.

4

Attend biometrics appointment

Applicant

Bring your biometrics appointment notice and a valid photo ID. This appointment takes about 30 minutes. No preparation needed.

5

Receive interview notice (or interview waiver)

USCIS

USCIS will either schedule an interview at your local USCIS field office, or in some cases waive the interview. Spouse-based cases almost always require an interview. Parent and child cases are sometimes waived.

6

Attend the USCIS interview

Applicant

Attend the interview at your local USCIS field office. Both the applicant and the U.S. citizen sponsor should attend (especially for spouse cases). Bring originals and copies of all documents. See the Interview section in General Tips for full preparation guidance.

7

Receive approval notice and green card

USCIS

If approved, USCIS will mail a card production notice. Your green card will arrive by mail within 2–4 weeks. Check it for errors immediately. If you received a conditional (2-year) green card, set a reminder to file Form I-751 in the 21–24 month window.

☑ Application Checklist

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✉️ Letter Templates

💡 Tips to Speed Up and Prevent Denial

🟢 Speed

  • File the I-130 and I-485 together ("concurrent filing") on the same day. For immediate relatives, you do not have to wait for I-130 approval before filing I-485. Filing concurrently saves you 6–12 months.
  • File the I-765 (work permit) and I-131 (advance parole) together with the I-485 at no extra charge. This lets you work legally and travel internationally while your green card is pending.

🔴 Avoid Denial

  • For marriage-based cases: USCIS officers are trained to detect marriages that exist only for immigration purposes. Gather strong evidence of a genuine relationship: joint bank account statements, lease or mortgage showing both names, insurance policies listing both spouses, photos together over time, text messages, and letters or cards. The more evidence you have, the stronger your case.
  • If you entered the United States without permission (crossed the border without going through an official entry point), you likely CANNOT adjust status inside the U.S. even if you are married to a U.S. citizen. Consult an immigration lawyer before taking any action — applying incorrectly can make your situation worse.
  • If you got a conditional (2-year) green card, DO NOT MISS the I-751 filing window. You must file in the 90-day window BEFORE the card expires. If you miss this window without a good reason, you could lose your green card. Set a calendar reminder the day your green card arrives.

🔵 Quality

  • If the U.S. citizen sponsor's income is below the 125% poverty guideline, do NOT delay the application — instead, find a joint sponsor. A joint sponsor is someone (a U.S. citizen or green card holder) who earns enough income and is willing to sign a separate I-864. They do not need to be related to you.

🟣 Interview

  • Both spouses should attend the marriage-based interview together. Officers may separate the two of you and ask the same questions to both individually. Review your shared history together — your home's layout, your morning routine, each other's work, family members' names. Inconsistencies do not mean denial, but you should explain any differences calmly.