Immediate Relative of US Citizen

Immediate Relative of US Citizen

The Immediate Relative (IR) category is one of the most sought-after immigration pathways because it is not subject to annual numerical limits. This means that once an I-130 petition is approved and the applicant is otherwise eligible, a visa is immediately available — unlike all other family-based categories which face significant backlogs.

Who Qualifies?

Three groups of immediate relatives of US citizens are covered:

• IR-1: Spouses of US citizens (married 2+ years; receive permanent green card)
• CR-1: Spouses of US citizens (married less than 2 years; receive 2-year conditional green card, then file I-751 to remove conditions)
• IR-2: Unmarried children under 21 years of age of US citizens
• IR-5: Parents of US citizens (the petitioning citizen must be 21 or older)

Process Overview

The process has two main tracks depending on where the beneficiary is located:

Adjustment of Status (beneficiary is in the US): File I-130 and I-485 concurrently (or I-485 after I-130 approval). This keeps the beneficiary in the US throughout.

Consular Processing (beneficiary is abroad): After I-130 approval, the National Visa Center (NVC) processes the case and schedules an immigrant visa interview at the US embassy.

Conditional Green Cards

Spouses married less than 2 years receive a 2-year conditional green card. Within the 90 days before it expires, they must jointly file Form I-751 to remove conditions by proving the marriage was bona fide.

Petitioner Requirements

The US citizen petitioner must be 18 or older to petition for a spouse, 18+ for a parent (with additional requirement that the USC be 21+), and any age for a child petition (though parents file on behalf of minor children).