Close family members of United States citizens may qualify for a Green Card without waiting for an immigrant visa number to become available, under the US immediate-relative category.
The category covers spouses of US citizens, unmarried children under 21, and parents where the sponsoring US citizen is at least 21 years old. Unlike family-preference categories, immediate-relative visas are not subject to an annual numerical cap.
Brandspur Brand News reports that the absence of an annual visa limit can make an important difference for Nigerians seeking to reunite with close relatives in the United States. However, having a visa immediately available does not mean the applicant receives permanent residence instantly. The family petition and the subsequent immigration process must still be completed.
For eligible relatives already in the US, USCIS rules allow an immediate relative to file Form I-485 for adjustment of status while the Form I-130 petition is pending, together with the petition, or after the petition has been approved, provided the person meets the applicable requirements.
Those applying from outside the United States follow the immigrant visa route. After the family petition is approved, the National Visa Center assists with the next stages of the case, including document processing and interview arrangements. Applicants must still satisfy the applicable immigration and admissibility requirements before a visa can be issued.
The key distinction is between visa availability and processing time. Immediate relatives do not face the statutory numerical waiting list that applies to family-preference applicants, but government processing, document reviews, medical examinations, interviews and other requirements can still take time.
For Nigerians applying through the US Consulate in Lagos, the Department of State says an immigrant visa applicant must complete the required process before travelling to the United States. Once an immigrant visa is issued and the applicant enters the country as a permanent resident, the physical Green Card is subsequently mailed to the US address provided in the visa application.
The immediate-relative classification is also different from sponsorship of other family members. US citizens may petition for adult unmarried sons and daughters, married sons and daughters, and siblings, but those relationships fall under family-preference categories that are subject to annual numerical limits.
This distinction is particularly important for families planning immigration because submitting a Form I-130 does not, by itself, grant the beneficiary a Green Card or permission to immediately move to the United States. USCIS expressly states that approval of the petition does not automatically confer lawful permanent resident status.
For spouses, unmarried children under 21 and qualifying parents of US citizens, however, the absence of a numerical visa cap removes one of the major hurdles faced by applicants in other family-based categories. The case can proceed without waiting for a priority date to become current, although the overall processing period will depend on the applicant’s circumstances and the government agencies handling the case.
