Introduction
The immediate relative visas are designed for US citizens seeking to reunite with family members living abroad, specifically for spouses, children, and parents. These visas grant the family member a Green Card, allowing them to permanently move to the US, work, and enroll in school without requiring an Employment Authorization Document (EAD). Notably, immediate relative visas have the advantage of not being subject to an annual quota. There are various types within this category, catering to different family relationships. The types of immediate relative visas are:
- IR1 visa for the spouse of a US citizen;
- CR2/IR2 visa for the unmarried children under 21 years old of a US citizen;
- IH3/IR3 visa for children adopted abroad by a US citizen;
- IH4/IR4 visa for children adopted within the US by a US citizen;
- IR5 visa for parents of a US citizen who is at least 21 years old.
CR2/IR2 visa
The CR2/IR2 visa is for Unmarried Children under 21 Years of Age of a U.S. Citizen who wish to enter and remain in the U.S. permanently with their U.S. citizen parent. This visa is valid for qualifying biological children, step-children, and adopted children. The CR-2 category applies specifically to someone whose parents have recently married, and allows the foreign child to obtain a Conditional Resident card. The IR-2 category applies after the parents’ two years of marriage when the foreign child will then be considered an immediate relative and will be granted a Permanent Resident Card.
CR2/IR2 visa requirements
- The requirements are:
- The US citizen must have a valid birth or adoption certificate for their child;
- The US citizen must have a valid US address;
- The US citizen must be able to financially support the child;
- The child must be under 21 years old and unmarried.
- If the US citizens have already adopted the child, they must have been living with the child in a foreign country for at least 2 years to qualify for this visa.
IR-3/IH-3 Visas
The IR-3 Visa is available to adopted children of U.S. citizens who were adopted in the child’s home country. This Immediate Relative visa enables the adopted child to live in the United States as a Green Card holder.As an IR-3 visa holder, the child will be able to live in the U.S. and attend school. They will also be able to enter into higher education and obtain employment.
The requirements are:
- The child must be eligible for adoption under the US Immigration and Nationality Act (INA);
- The child must be under 21 years old and unmarried;
- The child must be from a Hague or Non-Hague Convention Country;
- The US citizen parent must pass an eligibility test by USCIS;
- The US citizen must plan to bring the child to live in the US;
- The US citizen must have a valid US address.
IR-3 Visas: The U.S. embassy or consulate will generally issue an IR-3 immigrant visa after Form I-600 approval if:
- At least one of the adoptive parents personally saw and observed the orphan before or during the adoption proceedings abroad*, and
- He obtained a final adoption abroad. This means that the adoption is recognized as final both in the child’s country of origin and in the United States.
IH-3 Visas: The U.S. embassy or consulate will generally issue an IH-3 immigrant visa after final Form I-800 approval if One(and his spouse if married) complete the final adoption abroad before the child enters the United States.
IR-4/IH-4 Visas
The IR-4 visa application process is simplified in comparison to the IR-3 visa for adoption into the United States. Upon acceptance of the adoption application, the child can reside in the U.S. and enjoy the privileges of a Green Card holder, including attending school and working without needing an Employment Authorization Document. The requirements for IR-4/IH-4 visas align with those of IR-3/IH-3 visas. In the case of an IR-4 visa, it is typically issued by the U.S. embassy or consulate after Form I-600 approval if:
- Neither parent has seen and observed the child before or during the adoption proceedings, or
- He will complete the final adoption in the United States, or
- Only one parent of a married couple adopted the child abroad.
In case of IH4 visa,The U.S. embassy or consulate will generally issue an IH-4 visa after Form I-800 approval if:
- Haw did not complete a final adoption abroad before the child enters the United States, or
- Only one parent of a married couple adopted the child abroad.
