Immediate Relative Petition
A US citizen can petition for his/her immediate relatives to be able to come and live in the United States through immediate relative petitions. The beneficiaries of this petition fall under the unlimited immigrant visa quota which grants them permanent resident status in the immediately upon their entry into the United States.
The following are the immediate relatives of the petitioner:
- Unmarried children under 21 years old
Benefits of IR-1 Visa
- Your immediate relatives can live in the US permanently
- Your petitioned immediate relatives can work in the United States
- Longer processing time
- No derivative beneficiary unlike K visas
Eligibility Requirements for the Petitioner
- a US citizen
- Meet Financial Requirements of 125% of Poverty Guidelines
- Must be at least 18 years old
- Domiciled in the US
IR1 Visa vs. CR1 Visa
IR stands for "Immediate Relative" visa which entitles the holder a permanent residence status allowing him/her a renewable 10-year stay in the US. Immediate Relatives of a US citizen can apply for this visa.
CR stands for "Conditional Residency" and this is applied for by spouses of American citizens/permanent residents whose period of marriage to their American/permanent resident spouses is less than two years. The applicant will be initially awarded a 2-year conditional permanent residency in the US. This can be removed through an application for removal of conditions filed 90 days before the CR 1 visa expires. They will receive unconditional permanent resident status or the "green card" after the successful removal of the conditions.
IR1 Application Process
- The petitioner files an I-130 petition with the USCIS
- The National Visa Center is notified of the approved petition.
- The National Visa Center contacts the beneficiary and the petitioner with instructions for submitting the appropriate processing fees.
- After the fees are settled, the NVC informs the petitioner and the applicant of the required documents to be submitted.
- The petitioner and the beneficiary submits the required documents.
- The beneficiary is called into the local consular or embassy for an interview.
This normally depends on the petitioner and applicant's promptness in furnishing the required documents once notice from the NVC is received. On average, it can take one year to a year and a half to be issued an IR 1 or CR 1 visa.