Who Qualifies as an Immediate Relative for Immigration Purposes?
U.S. immigration law defines the term ‘immediate relative’ for family-based immigration purposes differently depending on the petitioner’s immigration status. Do not assume you qualify to file an I-130 petition for a relative without first speaking with a dedicated family immigration attorney from Robert M. Bell P.A.
Discuss obtaining an immediate relative green card with our experienced immigration team today. Call (954) 241-4209 or schedule your private consultation online.
Immediate Relatives of U.S. Citizens
For family immigration purposes, relatives are defined as the family members of U.S. citizens, lawful permanent residents, and U.S. nationals who are considered eligible I-130 beneficiaries. United States citizens are entitled to file an I-130 on behalf of the following eligible relatives, including those deemed ‘immediate relatives’ under the Immigration and Nationality Act (INA):
- Spouse (immediate relative)
- Unmarried children under 21 (immediate relative)
- Mother (immediate relative)
- Father (immediate relative)
- Unmarried adult children
- Married children
- Brothers (half or full)
- Sisters (half or full)
Each filing requires specific documentation, such as proof of a bona fide (non-fraudulent) marriage or biological relationship. U.S. citizens, whether by birth, descent, or naturalization, must be at least 21 years old to file for their siblings or parents, but they may file for a spouse or children at any age.
Immediate Relatives of LPRs and U.S. Nationals
Immigration law defines the immediate relatives of green card holders and U.S. nationals differently. Eligible family members of LPRs and U.S. nationals only include spouses and unmarried children. This means your parents, siblings, and married children do not qualify as immediate relatives under the INA. You must obtain naturalized citizenship to file an I-130 on behalf of your parents, siblings, or married children in such cases.
Understanding Derivative Beneficiaries of Immediate Relatives
Suppose your immediate relative, such as a sister, successfully obtains a family-based visa through you. In that case, the law permits her to extend this status to particular recipients, including her spouse and unmarried children under the age of 21. Beneficiaries of petitions filed by green card holders may extend their status to unmarried children under the age of 21 only. Although a changed marital status will impact these rights, age is determined based on the date your petition was received. This is necessary because it might take years to obtain a family-based visa.
Relatives that Do Not Qualify for Family-Based Immigration
Certain relatives do not qualify as ‘immediate’ under U.S. immigration law. These include:
- Children and parents of children adopted after the child turned 16
- Recently adopted children (less than 2 years)
- Natural parents of children adopted in the United States
- Parents of children who obtained status as special immigrant juveniles
- Stepparents or stepchildren if the marriage creating the relationship took place after the child turned 18
- Spouses by proxy, i.e., you’ve never physically met, or fraud
- Married children, parents, and siblings of LPRs
- In-laws
- Grandparents and grandchildren
- Nieces and nephews
Even if your immediate relative does not qualify for a family-based immigration petition, an experienced Florida immigration lawyer might still help you explore options for assisting them to obtain lawful status in the United States.
Attorneys for Immediate Relative Immigration Petitions in Florida
If you’re not sure whether you qualify to file an I-130 for your relative, schedule a consultation with the experienced family-based immigration lawyers at Robert M. Bell today. Confidentially connect with our South Florida attorneys at (954) 241-4209 or online.