Immediate Relatives of U.S. citizens

Immediate relatives of U.S. citizens qualify for the first of the five family-based immigrant visa categories. Those relatives fall under the first preference category. The visas are not subject to an annual quota and are not limited in number. The following persons qualify for this:

 

Spouses of U.S. citizens
Spouses of U.S. citizens qualify for immigration under the following conditions:

  • The marriage was legal on the wedding date and still is
  • The marriage is not simply a sham to get a green card for the U.S.

Unmarried children under 21 of US citizens

Children of U.S. citizens qualify for an immigrant visa if they are under 21 years of age and still unmarried. Adopted children may qualify for this category as well, provided they were adopted before they were 16 years of age, in addition the adopted parents must have had custody for at least two years and the child has to have been living with them for two years already. Stepchildren qualify for this category in case the parents got married before the child's 18th birthday. 

 

Parents of US citizens
The mother or father of a U.S. citizen qualifies for an immigrant visa if the child is over 21 years of age.

Adopted parents or stepparents may also qualify for this green card category under certain conditions (see unmarried children under 21).

 

PLEASE NOTE: A child born in the U.S. will automatically be a U.S. citizen. However, this does not have any immediate advantages for the child's parents - the child has to 21 before being able to sponsor the parents for family-based immigration.

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