U.S. Green Card through an Immediate Relative
At a glance
This green card route is for the spouse or unmarried child under 21 of a US citizen, or the parent of a US citizen who is at least 21. It requires proof of the relationship, an eligible citizen sponsor, financial sponsorship, and the usual immigration and background checks.
- Type
- Family residence
- Sponsor
- People joining a qualifying family member in the United States
- Core requirements
- Relationship records and the sponsor's status
- What to know
- The sponsor's status and documents matter a lot
- Duration
- Leads to U.S. lawful permanent residence.
- Renewal / path
- Citizenship may follow after residence and presence rules are met.
Summary
Immediate-relative immigration lets a U.S. citizen petition for a spouse, an unmarried child under 21, or a parent when the citizen is at least 21. These categories are not subject to the annual family-preference numerical caps, but the petition, admissibility, financial sponsorship, and application requirements still apply.
The process normally has two parts: Form I-130 establishes the qualifying relationship, and the beneficiary seeks permanent residence through consular processing or, if eligible, adjustment of status in the United States.
Eligibility
The case generally requires:
- A petitioner who is a U.S. citizen;
- A qualifying legal parent-child or spousal relationship;
- For a spouse, a legally valid, good-faith marriage and termination of all prior marriages;
- For a parent case, a petitioning U.S. citizen at least 21;
- An enforceable Form I-864 Affidavit of Support from the petitioner and any needed joint sponsor, unless an exception applies; and
- A beneficiary who is admissible or qualifies for any required waiver.
Adjustment inside the United States depends on entry, parole, status, unauthorized work, prior proceedings, and category-specific exceptions. “Immediate relative” removes some adjustment bars but does not erase every problem.
What This Route Allows
Approval of the immigrant visa followed by admission, or approval of Form I-485, grants lawful permanent residence. A spouse whose marriage is less than two years old when permanent residence begins normally receives two-year conditional residence and later must jointly file Form I-751 or qualify for a waiver.
After residence begins, the family member may live and work permanently in the United States, subject to maintaining residence and later card-renewal or condition-removal requirements.
What This Route Is Not
I-130 approval is not a visa, status, work permit, or guarantee of a green card. A U.S. citizen cannot use this immediate-relative category for siblings, married children, or adult unmarried children; those relationships may instead fit the family-preference categories.
As of January 1, 2026, Presidential Proclamation 10998 fully or partially suspends immigrant-visa issuance and entry for nationals of numerous countries, with limited exceptions. Earlier categorical exceptions for immediate-relative immigrant visas were removed for covered nationals. People already in the United States should distinguish consular entry restrictions from adjustment rules.
Next Steps
- Document citizenship, identity, and the qualifying family relationship.
- Decide carefully between adjustment and consular processing before filing; departure can trigger unlawful-presence or removal consequences.
- Review admissibility, entry history, prior marriages/petitions, criminal records, fraud issues, and public-charge/financial sponsorship rules.
- Prepare the I-864 using current poverty guidelines and domicile requirements.
- Check the current proclamation, consular post, and interview-location rules before relying on an overseas timeline.