Immediate Relative Visa Lawyers in Philadelphia, PA

Helping You Bring Spouses, Children & Parents to the U.S.

Securing an immediate relative visa is generally one of the most effective ways to bring a spouse, child, or parent to the U.S. The process is not simple, however, and having a skilled, experienced attorney on your side can make a world of difference. 

At Henry & Grogan, we offer representation from a team of attorneys with decades of experience handling family-based immigration matters, including immediate relative visas. Make our know-how your advantage. 

Request a free consultation to discuss your situation with our attorneys and find out how we can help you. Call (215) 568-1500 to get started. 

Who Qualifies as an Immediate Relative Under U.S. Immigration Law?

Under U.S. immigration law, immediate relatives are close family members of U.S. citizens who qualify for immigration benefits without waiting for a visa number to become available. The category includes three relationships: the spouse of a U.S. citizen, an unmarried child under 21 years of age of a U.S. citizen, and a parent of a U.S. citizen who is at least 21 years old.

Siblings, married children, and children over 21 don’t qualify as immediate relatives. Those relationships fall under family immigration preference categories, which are subject to annual numerical limits and can involve years-long waiting periods. 

Immediate Relative Visa Categories

IR-1 Visa: Spouse of a U.S. Citizen (Married Over Two Years)

Issued when a couple has been married for more than two years at the time of admission. The IR-1 grants unconditional lawful permanent residence from the start, with no requirement to remove conditions later.

CR-1 Visa: Spouse of a U.S. Citizen (Married Two Years or Less)

Issued when the couple has been married for two years or less. The CR-1 grants conditional permanent residence for a two-year period. To preserve status, the conditional resident must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day window immediately before the conditional green card expires. The petition is generally filed jointly with the U.S. citizen spouse to demonstrate the marriage remains bona fide. Failing to file within that window can result in loss of status.

IR-2 Visa: Unmarried Child Under 21 of a U.S. Citizen

For the minor child of a U.S. citizen, including stepchildren and adopted children who meet USCIS relationship requirements.

IR-5 Visa: Parent of a U.S. Citizen (Petitioner Must Be at Least 21)

The petitioning U.S. citizen must be at least 21 years old to sponsor a parent’s immigration.

A meaningful advantage shared by all four categories is that immediate relative visas aren’t subject to annual numerical caps. Once USCIS approves the Form I-130 petition, there’s no waiting period for a visa number to become available, unlike the family preference categories, where backlogs can stretch years or even decades. That said, the absence of a cap doesn’t eliminate the need for careful, complete petitions. Errors and missing evidence still cause delays.

How the IR Visa Process Works in Practice

The process begins with the U.S. citizen filing Form I-130, Petition for Alien Relative, with USCIS to establish the qualifying family relationship. From there, the path depends on where the relative is located.

If your family member is already in the U.S., they may be able to file Form I-485, Application to Adjust Status, to obtain lawful permanent resident status without leaving the country. Adjustment-of-status cases often include a biometrics appointment, a medical examination, and a USCIS interview before a decision is issued.

If your family member is abroad, the approved I-130 transfers to the National Visa Center for pre-processing, then to the U.S. embassy or consulate in their home country for an immigrant visa interview. After the visa is issued and they enter the United States, they become a lawful permanent resident upon admission.

Common problems arise at predictable points: 

• Using outdated form versions (USCIS rejects superseded editions)
• Submitting insufficient evidence of a bona fide marriage
• Missing deadlines for responding to a Request for Evidence

Henry & Grogan can help you avoid these pitfalls and keep your petition on track. If issues arise that require legal recourse, count on us to act decisively and use our appellate and litigation experience to work to secure the outcome you need. 

Start With a Free Consultation

If you’re ready to bring a spouse, child, or parent to the U.S., Henry & Grogan can guide you through every stage of the process. We also assist families whose cases don’t fit the immediate relative category, including those who qualify under family preference classifications, and we provide immigration appeal services when a petition has been denied. 

Call us today at (215) 568-1500 to schedule a free consultation with one of our immediate relative visa attorneys in Philadelphia.

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation