Immediate Relatives of U.S. Citizens: Forms, Costs, and Bars

Adjustment of status for immediate relatives of U.S. citizens is the process that lets a spouse, parent, or unmarried child under 21 of a U.S. citizen apply for a green card without leaving the country. What makes this path different from every other family-based category is that a visa number is always available, so there is no waiting list. You can file the family petition and the green card application in the same envelope on the same day, and USCIS will work them together.¹

Who Counts as an Immediate Relative

Federal law draws the category tightly. Three relationships qualify: the spouse of a U.S. citizen in a legally recognized marriage, the unmarried child under 21 of a U.S. citizen, and the parent of a U.S. citizen who is at least 21.² Because visa numbers in this category are unlimited, no priority date system applies.³

Stepchildren and stepparents qualify if the marriage that created the relationship happened before the child turned 18.⁴ An adopted child qualifies if the adoption was finalized before age 16 and the adoptive parent can show at least two years of legal custody and joint residence.⁵

Surviving spouses of U.S. citizens also fit the category. If the citizen already filed Form I-130 before dying, it converts automatically and no new filing is needed. Otherwise, the surviving spouse must self-petition within two years of the citizen’s death, cannot have remarried, and must show the marriage was genuine. Unmarried children under 21 can be added as derivatives.⁶

You Must Have Been Inspected and Admitted or Paroled

The relationship gets you in the door. Eligibility to adjust inside the country turns on how you entered. You must have been “inspected and admitted or paroled,” meaning you came through an official port of entry on a valid visa or under a parole program, and you must be physically present in the United States when you file.⁷⁸

Here is where immediate relatives get a real break. The rules that bar most applicants for working without authorization, overstaying a visa, or otherwise falling out of status expressly do not apply to immediate relatives.⁷ Enter on a tourist visa, overstay by years, marry a U.S. citizen, and you can still adjust. The lawful entry is the piece that has to be intact; the overstay by itself will not disqualify you.

If You Entered Without Inspection

An entry without inspection usually closes the adjustment door, even for immediate relatives. The grandfathered exception is Section 245(i): you may still adjust if you are the beneficiary of a family petition or labor certification filed on or before April 30, 2001. If the petition was filed between January 15, 1998, and that date, you also had to be physically present in the United States on December 21, 2000. A $1,000 penalty fee applies.⁹

Without 245(i), the green card path generally requires leaving the country for consular processing, and that departure can trigger the unlawful presence bars covered below. Talk to an immigration attorney before making any travel plan.

Grounds That Can Still Block Approval

Even with the immediate-relative exemptions, certain grounds of inadmissibility can defeat an application on their own:

Health-related grounds, including certain communicable diseases, missing required vaccinations, and physical or mental disorders posing a threat to others.
Criminal grounds, including convictions or admissions involving crimes of moral turpitude, drug offenses, multiple criminal convictions, or prostitution.
Security-related grounds, including espionage, terrorism, and activities threatening U.S. national security.
Fraud or misrepresentation on a prior visa application or use of fraudulent documents to enter.
Prior removal or deportation.
Public charge, meaning likely primary dependence on the government for support.

Some grounds allow a waiver, others do not. Drug trafficking, terrorism, espionage, and participation in genocide have no waiver. Where a waiver exists, immediate relatives often meet the standard more easily because it typically requires showing extreme hardship to a qualifying U.S. citizen relative, and by definition you already have one.

The Unlawful Presence Bars

The unlawful presence bars catch people who do not realize departure is the trigger. More than 180 days but less than one year of unlawful presence, followed by a departure, creates a three-year bar on reentry. One year or more followed by a departure creates a ten-year bar.¹⁰ If you cannot adjust inside the country and must go abroad for consular processing, leaving is what activates the bar.

Immediate relatives in this situation may qualify for a provisional unlawful presence waiver on Form I-601A before they leave, which resolves the bar in advance.¹¹ Do not depart without one in place.

Public Charge

Officers assess public charge using the totality of your circumstances. Mandatory factors include age, health, family status, financial resources, and education or skills, along with the Affidavit of Support from your petitioner. No single factor is automatically disqualifying.¹²

The Forms and Evidence You Actually File

Form I-130 establishes the qualifying relationship.¹³ Form I-485 is the green card application itself.¹⁴ Filed together, they travel in one package with all supporting documents and fees. You can also file the I-485 later while the I-130 is pending; this concurrent option is unique to immediate relatives, since other family preference applicants have to wait for their priority date to become current.

Form I-864, the Affidavit of Support, is a binding contract in which the petitioner promises to support you financially. The petitioner must show household income of at least 125% of the Federal Poverty Guidelines for their household size, or 100% if they are on active duty in the U.S. Armed Forces sponsoring a spouse or child.¹⁵ A joint sponsor with sufficient income can co-sign a separate I-864 if the petitioner’s income falls short.

Supporting evidence includes proof of the petitioner’s U.S. citizenship (birth certificate, passport, or naturalization certificate), documents matching the relationship type (marriage certificates, birth certificates, divorce decrees to end any prior marriages), certified English translations of any foreign-language documents, and two identical color passport-style photos.¹⁴

Medical Exam and Vaccinations

You need a medical exam by a USCIS-designated civil surgeon, recorded on Form I-693.¹⁶ Your regular doctor cannot do this. The surgeon returns the form to you in a sealed envelope for filing.

The exam confirms you are current on the CDC’s required vaccinations, which include measles, mumps, rubella, polio, hepatitis A and B, tetanus, varicella, and others depending on your age.¹⁷ Bring every vaccination record you have. Anything undocumented, the surgeon will treat as missing.

What It Costs

The I-485 filing fee for applicants over 14 is $1,440 on paper or $1,390 online, and includes biometrics.¹⁸ The I-130 carries its own fee. Adding a work permit (Form I-765) or advance parole (Form I-131) may add more depending on how they are filed. The civil surgeon’s exam typically runs $100 to $500, with vaccinations extra if needed. Certified translations generally run $20 to $70 per page. If you hire an attorney, budget several thousand dollars beyond the government fees.

After You File

The package goes to a USCIS Lockbox based on your address. Within a few weeks, a receipt notice arrives with a case number you can track online. A biometrics appointment follows for fingerprints, a photo, and a signature used in FBI background checks.

If USCIS finds your evidence incomplete, expect a Request for Evidence. For I-485 applications the response window is 84 calendar days plus 3 for mailing, effectively 87 days; some other form types allow only 30.¹⁹ Missing the deadline can end the case.

Most cases end with an in-person interview at a local USCIS field office. The officer reviews the application, verifies documents, and asks questions to confirm the relationship is real. Marriage cases go deeper into daily life, including how you met, your living arrangements, and how the household runs. Officers spot rehearsed answers, so answer honestly from your actual life. If approved, the card comes in the mail. Processing times vary widely by field office; check the USCIS processing times tool for your local estimate.

Working and Traveling While the Case Is Pending

You can file Form I-765 for a work permit and Form I-131 for advance parole alongside the I-485, and USCIS often issues them as a combined card.²⁰

Advance parole matters. If you leave the country while your I-485 is pending without an approved advance parole document, USCIS will generally treat the application as abandoned.²¹ Holding a valid nonimmigrant visa does not change that. Do not travel without advance parole in hand.

Conditional Green Cards for Marriages Under Two Years

If your marriage was less than two years old on the day you obtained permanent resident status, the green card issued is conditional and valid for two years rather than ten.²² This applies automatically to all newer marriage-based cases.

To convert to a ten-year card, you and your spouse must jointly file Form I-751 within the 90-day window immediately before the conditional card expires. Filing early is rejected; filing late risks losing status.²³ Evidence of a genuine marriage supports the petition: joint bank accounts, a shared lease or mortgage, insurance policies naming each other as beneficiaries, and similar records of a shared life.

If you have divorced, your spouse has died, or you experienced abuse during the marriage, you can file Form I-751 with a waiver of the joint filing requirement. Waiver petitions can be filed at any time before the conditional status expires and do not require the former spouse’s participation.²³

What Happens If a Child Turns 21 Mid-Process

A child would ordinarily age out of the immediate relative category on turning 21, because the definition requires being under 21 and unmarried. The Child Status Protection Act prevents this by freezing the child’s age on the date Form I-130 is filed. If the child was under 21 and unmarried when the petition was submitted, they remain a “child” for immigration purposes no matter how long processing takes.²⁴ The child still has to stay unmarried through approval; marrying before the green card is granted ends the immediate relative classification.

1
U.S. Citizenship and Immigration Services. Concurrent Filing of Form I-485
2
U.S. Citizenship and Immigration Services. Green Card for Immediate Relatives of U.S. Citizen
3
U.S. Department of State Foreign Affairs Manual. 9 FAM 503.1 Numerical Limitations Overview
4
U.S. Citizenship and Immigration Services. Immigration, Adoption, and Citizenship for Stepchildren of U.S. Citizens and LPRs
5
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 5 Part E Chapter 2 – Eligibility
6
U.S. Citizenship and Immigration Services. Green Card for Widow(er) of a U.S. Citizen
7
Office of the Law Revision Counsel. 8 USC 1255
8
U.S. Citizenship and Immigration Services. Adjustment of Status
9
U.S. Citizenship and Immigration Services. Green Card Through INA 245(i) Adjustment
10
U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
11
U.S. Citizenship and Immigration Services. I-601A, Application for Provisional Unlawful Presence Waiver
12
Federal Register. Public Charge Ground of Inadmissibility
13
U.S. Citizenship and Immigration Services. I-130, Petition for Alien Relative
14
U.S. Citizenship and Immigration Services. Form I-485 Instructions
15
U.S. Citizenship and Immigration Services. Form I-864 Instructions
16
U.S. Citizenship and Immigration Services. Form I-693 Instructions
17
Centers for Disease Control and Prevention. Vaccination Technical Instructions for Civil Surgeons
18
U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
19
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 1 Part E Chapter 6 – Evidence
20
U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms
21
U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS
22
U.S. Citizenship and Immigration Services. Removing Conditions on Permanent Residence Based on Marriage
23
U.S. Citizenship and Immigration Services. Form I-751
24
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part A Chapter 7 – Child Status Protection Act