Immediate relatives consist of foreign citizen: (a) spouse of a U.S. citizen, (b) unmarried child below 21 of a U.S. citizen parent, and (c) parent of a U.S. son or daughter who is at least 21 years of age.
The visa is immediately available to the immediate relative of a U.S. citizen. The process for an immediate relative who is physically present in the United States and inspected at the time of admission is rather accelerated, making them eligible to immediately apply for the green card (also known as adjustment of status). If presently outside the United States, the immediate relative visa applicant does not need to wait for a priority date to be reached before becoming eligible for visa processing at the U.S. Consulate. There is no quota in the immediate relative category.
Individuals who entered without inspection by crossing the border or holders of C or D visas cannot apply for adjustment of status within the U.S., unless they are grandfathered under Section 245(i) of the Immigration and Nationality Act. Those who are not Section 245(i) eligible must exit the U.S. and apply for an immigrant visa at a U.S. Consulate abroad. Oftentimes, these applicants are also barred from returning as a result of prior lengthy overstay or other grounds such as criminal conviction. Under these circumstances, the visa applicant must apply for a waiver in order to be able to return to the United States sooner than the entire period within which they are barred from returning.
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