How an Immediate Relative of a U.S. Citizen Can Join Their Family in the United States
It was author Maya Angelou, who warmly said, “Home is not where you live but where they understand you.” It’s the emotional connection we have with our homes and the people who make them special. This captures what so many families experience as they dream of bringing their loved ones closer, especially those hoping to reunite in the United States. The journey to reunite with immediate relatives in the United States is well within reach. Our blog post covers the essential steps and some helpful advice on how to get there for your spouse, children, or parents of U.S. citizens.
Options to Immigrate to the United States
For families eager to reunite in the United States, there are primarily two pathways to consider: family-based immigration for immediate relatives or other close family members. Immediate relatives have a unique advantage as they can immigrate without being subject to certain visa limits. Instead of adjusting status within the United States, immediate relatives who are outside the country must go through the USCIS consular processing. This involves submitting an immediate relative petition (usually Form I-130) by the U.S. citizen filed on behalf of their immediate relative and then applying for an immediate relative visa at the U.S. embassy or consulate abroad.
What is consular processing? This is the transition for foreign nationals who want to move to the United States to apply for their consular processing immigrant visas at a U.S. embassy or consulate in their home country. It is often confused with adjustment of status, which is the process for individuals already in the United States to apply for a Green Card without leaving the country. Each process is markedly different, with different eligibility and documentary requirements, processing times, and fees.
Consular Processing Procedure Essentials for Immediate Relatives
To define immediate relative, the individual must fall under this immediate relative category:
- Spouses of U.S. citizens
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)
- Unmarried children under the age of 21 of U.S. citizens
Immediate relatives are given priority in the immigration process granting them a special status to apply for permanent residency without being subject to annual visa caps, differentiating them from other family-based immigration categories.
The actual process for immediate relatives seeking to establish permanent residency in the United States involves filing a Form I-130, also known as the Petition for Alien Relative. For simplicity, we’ll refer to it as the Form I-130, which is submitted by the U.S. citizen to establish their relationship with an immediate relative. Upon approval of the Form I-130, the immediate relative can thereafter proceed with the next steps in the immigration process to obtain a Green Card and establish permanent residency in the United States. Once approved, the Green Card (permanent residency) for immediate relatives of U.S. citizens is typically issued in many spouse cases as a 2-year conditional green card. After this period, the immediate relative Green Card can be renewed. Learn more about HBM Law’s Green Card services here.
Immediate Relative Consular Processing
As with most countries’ immigration processes, the United States wants to ensure that you are eligible to apply for an immigrant visa through consular processing. Here are the basic consular processing documents required.
1. Original I-797 Approval Notice: This is the notice confirming approval of the Form I-130 (Petition for Immediate Relative) filed by the U.S. citizen.
2. Copy of the Immigration Petition: A copy of the Form I-130 as it was filed.
3. Valid Passport
4. Police Certificate (required if:)
- You have lived at your current residence for more than 6 months and are 16 years or older.
- You have lived in a different part of your country for more than 6 months and were 16 or older during that time.
- You have lived in another country for more than 12 months and were 16 or older at that time.
- You have been arrested at any age.
5. Certified Copies of Records: This includes any applicable prison or military records.
6. Certified Copy of Birth Record: To establish identity and familial relationships.
7. Relationship Documents: To prove the relationship to the U.S. citizen spouse or parent.
8. Identity and Visa Classification Documents: To confirm your eligibility for the visa.
It’s always good to check with the specific U.S. embassy, consulate, or your immigration lawyer attorney for any additional requirements, updates, or consular processing documents. Visit the USCIS Consular Processing page to be updated on the consular processing timeline and fees.
Depending on your situation, an experienced immigration attorney and consular processing lawyer such as Himani Bhardwaj can help navigate these rules effectively and ensure compliance with U.S. immigration laws.
