immediate relative (2024)

Immediate relatives are the closest family members, which usually include parents, spouses, and children, sometimes including siblings and grandparents. The relationships are created via blood, adoption, and marriage.

The scope of immediate relatives is varied in different laws and regulations, and the difference has a deep influence on their duty and rights.

In immigration law, the scope of immediate relatives of U.S citizens applying for family-based immigrant visas is broader than lawful permanent residents. For U.S. citizens, their immediate relatives are spouses, children, parents, and siblings. For permanent residents, immediate relatives are spouses and unmarried children. The preference and priority for processing Green Cards will also be influenced.

UnderFINRA regulations, the restricted individuals’ immediate families are their parents, or subsidiaries of them or their parents. They will be restricted to certain financial transactions (e.g., stock transactions).

[Last updated in April of 2022 by the Wex Definitions Team]

immediate relative (2024)

FAQs

What is considered immediate relative? ›

Immediate relatives are the closest family members, which usually include parents, spouses, and children, sometimes including siblings and grandparents. The relationships are created via blood, adoption, and marriage.

What is the difference between immediate relative and preference relative? ›

Immigrant visas for immediate relatives of U.S. citizens are unlimited, and they are always available, while preference category relatives navigate through potentially protracted wait times, which can be monitored via the Visa Bulletin on the Department of State website.

What is the immediate relative priority date? ›

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS.

What is a relative in immigration law? ›

(2) (A) (i) Immediate relatives . — For purposes of this subsection, the term “immediate relatives” means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.

Who is not considered an immediate family? ›

What is a non-immediate family? Non-immediate family members include grandparents, grandchildren, great-grandparents, great-grandchildren, cousins, uncles, aunts, nieces, nephews, parents-in-law, siblings-in-law, step-children, adopted children, half-siblings, civil and cohabiting partners.

What is immediate vs distant relatives? ›

Your immediate family is typically considered your first generation family- your mother, father, and siblings. Extended family is anyone beyond that- aunts, uncles, cousins, grandparents and so on.

Is a cousin an immediate relative? ›

Immediate, or close relatives are parents, siblings, spouses, and children. Cousins, aunts/uncles/nieces/nephews are generally considered more distant in relation to those other relatives.

Who is considered an immediate relative for immigration purposes? ›

You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

Is a nephew an immediate relative? ›

For purposes of subdivision (d) of Labor Code Section 2066, "immediate family member" means spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, ...

How long does an immediate relative petition take? ›

Approximately 10 to 14 Months After Filing

Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 10 to 14 month time frame, but they can take longer in some cases.

What are the requirements for an immediate relative to adjust status in the US? ›

To immigrate through the immediate relative categories, there are several requirements:
  • A U.S. citizen relative must petition the foreign family member. ...
  • A qualifying immediate relative relationship must be documented. ...
  • The immediate relative must apply for a permanent residence (green card).

What is the priority date rule? ›

Priority date: This is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 petition. Think of this date as your place in the green card line. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition.

What is the difference between an immediate relative and preference family petition? ›

There are two categories of family-based immigrants: “immediate relatives” and relatives who fall under the “family preference system.” The main difference between these two is that immediate relatives do not have to wait in line in order to become eligible for visas.

Can I sponsor an immigrant who is not a relative? ›

While you can't directly sponsor a non-relative friend, you still have the option to offer financial support and protection for an immigrant entering the US. Here's what you need to do to become a joint financial sponsor for a friend.

Who can sponsor a relative for immigration? ›

A U.S. citizen who is at least 21 years or older may also petition for the following relatives: Parents; • Brothers or sisters. When you submit your petition, you are required to provide evidence to prove your relationship to the person for whom you are filing.

Does immediate family include aunts and uncles? ›

Definition and Examples of Immediate Family

Even if two people are not connected by marriage but by a civil partnership or cohabitation, immediate family may apply. Members of a person's immediate family may go as far as cousins, grandparents, great-grandparents, aunts, uncles, and even further.

What is considered immediate vs extended family? ›

Generally, your siblings, parents, spouse and children are considered immediate family. Your extended family is defined as the family members that exist outside of the nuclear family including your grandparents and more distantly related family members such as cousins, aunties and uncles.

Is a sister an immediate relative? ›

(10) Commissions (A) Definition of immediate family In this paragraph, the term “immediate family” means an individual's father, mother, stepfather, stepmother, brother, sister, stepbrother, stepsister, son, daughter, stepson, stepdaughter, grandparent, grandson, granddaughter, father-in-law, mother-in-law, brother-in- ...

Who is a qualifying relative for immigration? ›

A qualifying relative, in the context of the I-601 Waiver, is a crucial element determining the eligibility for overcoming grounds of inadmissibility. These individuals, pivotal to the waiver application, may include U.S. citizen or legal resident spouses, parents, and children.

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