Who counts as an immediate relative?
Three groups qualify: the spouse of a U.S. citizen, an unmarried child under 21 of a citizen, and the parent of a citizen who is at least 21. A green card holder cannot petition anyone into this category; those relatives fall under INA § 203 and wait for a visa number. Siblings and married or adult children of citizens also go through § 203. If you are in one of the three groups, the citizen files Form I-130. The fee is $675 on paper or $625 online, and USCIS changed the mailing addresses on October 7, 2026, so check the page before sending. Gather the citizenship proof and relationship documents first: passport or naturalization certificate, marriage or birth certificate, and final decrees for any earlier marriages.
What happens if my child turns 21 or gets married?
Age and marriage work differently. Section 201(f) locks in a child's age on the day Form I-130 is filed, so a child under 21 at filing generally stays an immediate relative after turning 21. If a green card parent files and then naturalizes, the child's age is measured on the naturalization date. If a married child's marriage ends, age is measured on that date. Marriage has no such protection: an unmarried child of a citizen who marries moves to the married son or daughter category, keeps the priority date and must wait for a visa. So file early if a 21st birthday is near. A child with a petition pending should speak with a lawyer before marrying, because a wedding can add years to the wait.
Does being an immediate relative forgive an overstay or illegal entry?
It forgives some things, not all. Under INA § 245(c), immediate relatives are exempt from the bars for working without permission and for falling out of status, so a citizen's spouse who overstayed a visa may still adjust. Discretion still applies, and USCIS's May 2026 memo treats an overstay as a negative factor, so include strong positive evidence. Entry is different. A person who crossed without inspection or parole generally cannot use § 245(a), even when married to a citizen, unless § 245(i) applies. That person may have to process abroad, and leaving can trigger the unlawful presence bars. Do not book travel for an embassy interview until a lawyer confirms whether you need a waiver. Crime, fraud and prior removals are separate problems that immediate relative status does not cure.
What if my citizen spouse died or was abusive?
Widowhood does not automatically end the case. If you were not legally separated when the citizen died, you can stay an immediate relative until you remarry. If your spouse filed Form I-130 for you before the death, USCIS converts it to Form I-360, so you file nothing new; send USCIS the death certificate. If no I-130 was filed, file Form I-360 within 2 years of the death, for $515. Your children can be included. If you lived in the United States at the death and a petition was pending or approved, INA § 204(l) may also let USCIS decide your case unless it finds approval is not in the public interest. If a citizen spouse or parent abused you, you can self-petition under VAWA on Form I-360 for $0 and without the abuser's signature. You keep immediate relative status if the abuser loses citizenship because of the abuse.
What do the numbers in section 201 mean for my wait?
Section 201 sets worldwide limits for family-sponsored immigrants, starting from 480,000 with a floor of 226,000. Immediate relatives are not capped, and no visa number has to become available for them, but they are subtracted from the formula that sets the family preference total. In practice, you do not check a line in the Visa Bulletin if you are an immediate relative, and you can usually file Form I-130 and Form I-485 together if you qualify to adjust. That does not mean the case is fast. Filing, interviews and security checks still take time, and the case can be denied. Section 201 also exempts refugees, asylees adjusting under INA § 209 and some others from the limits. If timing matters for a job or a lease, use the USCIS processing times page for your form and office, then allow extra time for an interview.
Does marrying a citizen stop my court case?
No. A pending or approved family petition gives no status and does not bar removal, and USCIS may issue a Notice to Appear if it finds the person removable. Your next date stays on the calendar, so check it through our court hearing guide and attend. A marriage entered while proceedings are pending also faces INA § 204(g). The petition generally cannot be approved unless you show by clear and convincing evidence that the marriage is genuine, or another exemption applies. Gather evidence of the real relationship from the start. Then ask the immigration judge about adjustment at the master calendar hearing. If you have a final order or a court date, ask our removal defense team to review the case before filing Form I-130.