Sponsoring a Spouse, Parent, or Child: Immediate Relative Petitions

For many families, the most important immigration goal is keeping spouses, children, and parents together. U.S. immigration law makes this possible through immediate relative petitions, one of the fastest and most reliable paths to a green card.

If you are a U.S. citizen, sponsoring an immediate relative can be a straightforward way to reunite your family in the United States.

Marriage is often the first step in a string of immigration benefits, a spouse who gets a green card and then citizenship can apply for their own parents and other family.

Who Qualifies as an Immediate Relative?

Immediate relatives of U.S. citizens include:

• Spouses

• Unmarried children under 21

• Parents (if the U.S. citizen petitioner is over 21)

Unlike other categories, there are no annual visa limits for immediate relatives. That means these petitions are not subject to the long backlogs that affect many family-based cases, which for some family members currently in the United States, means immediately obtaining a green card upon approval of the application.

Why Immediate Relative Petitions Are Faster

Because there are no visa caps, the only wait for many applicants is the USCIS’s processing time. While timelines can vary depending on USCIS workload and case complexity, immediate relative petitions often result in immediate eligibility to apply for a green card or a visa from abroad which grants a green card upon arrival in the United States (this process is called Consular Processing which we discuss here). This means that cases move forward without the multi-year wait seen in preference categories like siblings or married adult children.

This makes immediate relative petitions one of the most effective ways to bring loved ones together quickly.

How the Process Works

1. File Form I-130 (Petition for Alien Relative): This establishes the qualifying family relationship. USCIS often decides these applications within about six months to two years.

   1. Other USCIS Forms Filed with the I-130: Depending on the circumstances, you may be eligible or required to file other forms with the I-130. These include filing for adjustment of status, employment authorization, affidavit of support, or various waivers for certain issues such as immigration or criminal history.

2. Attend Interviews or Respond to Requests for Evidence (RFE): Not every case will have an interview or request for evidence. Interviews are expected in marriage based cases because of concerns about marriage fraud. Evidence requests can happen in any case, and they are important to take seriously and deal with promptly, but USCIS usually tells you exactly what evidence you need.

3. After Approval of I-130: If your I-130 Petition for Alien Relative is approved, congratulations, you can now move on to the next steps, which vary depending on your circumstances:

   1. Adjustment of Status (AOS): If your spouse, child, or parent is already in the United States and eligible, they may apply for a green card without leaving. Note, however, that not everyone currently in the United States is eligible to adjust status, this factor is one reason why working with an attorney is important to ensuring you and your family put the best and most appropriate case package together.

   2. Apply for Waivers for Certain Immigrants in the U.S.: For some intending immigrants currently in U.S., they may not be eligible for AOS, and therefore must leave the country to consular process, however, leaving the country may trigger certain immigration bars. These bars can often be waived with the I-601A, Application for Provisional Unlawful Presence Waiver, but must be done so prior to leaving the United States.

   3. Consular Processing (if abroad): If your relative is outside the U.S., the case goes through the National Visa Center (NVC) and then to a U.S. consulate for an immigrant visa interview. If they are granted a visa to come to the United States, they will generally receive their green card shortly after they arrive.

An immigration attorney can advise you and your family on what type of process your case will likely involve. It's important to know from the beginning whether the intending immigrant will be adjusting status, consular processing, or need to file waivers.

Common Challenges in Immediate Relative Cases

Navigating all the forms, evidence, fees, and process of even a simple family immigration application can be a headache. Let an experience immigration attorney guide you through the process to give you peace of mind.

Even though these petitions are often faster, they still require careful preparation. Common issues include:

• Proving a bona fide marriage: In marriage based cases, proving that the marriage was entered into in good-faith can be a meaningful hurdle. An experienced attorney can help walk you through what evidence you can submit to prove your marriage is not just for immigration benefits.

• Obtaining birth or marriage certificates: While this may be easy in some cases, difference in vital record keeping in your home country can sometimes make this a challenge. Additionally, USCIS and the NVC have some specific requirements about these documents, even a US born citizen may need to get a new copy of their birth certificate to satisfy the requirements.

• Handling prior immigration history: Previous overstays, entries without inspection, or prior denials can complicate cases.

• Overcoming the public charge rule: If you are eligible to apply for a green card, you must demonstrate sufficient financial stability to overcome what’s called the public charge rule. This can be one of the more complicated parts of the green card application, depending on the sponsor’s financial situation.

What Is a Conditional Permanent Resident?

If you obtain a green card through marriage, you may receive conditional permanent residency instead of a standard 10-year green card. This applies if you have been married for less than two years at the time your green card is approved.

A conditional green card is valid for two years. Within the 90 days before it expires, you must file Form I-751, Petition to Remove Conditions on Residence, to convert it into a regular 10-year green card.

Why Does USCIS Issue Conditional Green Cards?

The conditional period is designed to protect against marriage fraud. While it’s difficult to fake being a sibling or parent, anyone can enter into a marriage for immigration benefits. The two-year condition gives USCIS an opportunity to confirm that your marriage is genuine.

What If the Marriage Struggles?

For most couples in good-faith marriages, removing conditions is a routine step that USCIS approves with the right evidence. But difficulties can arise if:

• The marriage ends before the two-year mark

• The couple is separated or in divorce proceedings

• There are questions about shared finances or living arrangements

Even in these situations, you may still be eligible to remove conditions

. If you find yourself here, it’s important to consult an experienced immigration attorney right away. The law allows you to remove conditions even without your spouse’s cooperation, but the burden of proof is higher.

Why Work With an Immigration Attorney?

Immediate relative petitions may seem simple, but mistakes can still cause delays or denials. An attorney helps by:

• Preparing strong evidence to prove the relationship

• Guiding you through adjustment of status vs. consular processing

• Proving sufficient financial ability to overcome the public charge rule

• Anticipating and addressing possible problems in advance

• Representing your interests before USCIS or consular officers

  
  

Attorney Tyler Quesnel is will help you put together the best package for you and your family.

With professional help, your family has the best chance for a smooth and successful process.

Reuniting Families Quickly

Family is everything. If you are a U.S. citizen with a spouse, child, or parent you wish to sponsor, an immediate relative petition may be the right path forward.

Speak directly with Attorney Tyler Quesnel to understand your options and build the strongest case for your loved ones.