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Immediate Relatives: Key Insights into Their Legal Definition
Definition & meaning
The term "immediate relatives" refers to specific family members of a United States citizen. This includes:
Children
Spouses
Parents (only if the citizen is at least 21 years old)
In certain situations, an alien spouse of a deceased citizen may still be classified as an immediate relative if they file a petition within two years of the citizen's death and have not remarried. Additionally, children of these aliens are also considered immediate relatives.
Table of content
Legal use & context
The concept of immediate relatives is primarily used in immigration law. It plays a crucial role in determining eligibility for family-based immigration benefits. Immediate relatives are not subject to annual caps on visas, making their immigration process more straightforward compared to other categories.
Users can often manage their applications and petitions using legal templates provided by services like US Legal Forms, which can help streamline the process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A U.S. citizen, aged 22, can petition for their parents to immigrate to the U.S. as immediate relatives.
Example 2: A widow of a U.S. citizen who files a petition within two years of the citizen's death remains classified as an immediate relative until she remarries (hypothetical example).
Relevant laws & statutes
The primary statute governing immediate relatives is found in:
8 USCS § 1151 - Definitions related to immigration and nationality.
8 USCS § 1154 - Petitions for alien relatives.
Comparison with related terms
Term
Definition
Key Differences
Immediate Relatives
Family members of a U.S. citizen who qualify for immigration benefits.
No visa cap; includes spouses, children, parents.
Family Preference Categories
Other family members eligible for immigration but subject to visa caps.
Limited visas available; longer wait times.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as an immediate relative, consider the following steps:
Gather necessary documentation, such as proof of relationship and citizenship.
Consult legal templates from US Legal Forms for assistance with petitions and applications.
If your situation is complex, seek advice from a legal professional to navigate the process effectively.
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