Immediate Relatives of U.S. Citizens Can Get Green Cards Without Annual Visa Limits

A key U.S. immigration rule allows certain close family members of American citizens to apply for permanent residency without waiting for an immigrant visa number to become available. Under U.S. immigration law, immigrant visas for immediate relatives of U.S. citizens are unlimited, meaning there is no annual numerical cap on these visas.

The category generally includes:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens, provided the U.S. citizen petitioner is at least 21 years old. (USCIS)

Because these visas are not subject to the yearly limits that apply to many other family-based immigration categories, eligible applicants do not have to wait for a visa number to become available.

The absence of a yearly visa limit does not mean an applicant automatically receives a Green Card. Applicants must still meet the relevant eligibility requirements and complete the required immigration process. Depending on their circumstances, this can involve applying through a U.S. consulate abroad or seeking adjustment of status in the United States.

USCIS also notes that immigration procedures and eligibility requirements can vary depending on an applicant’s circumstances. For many families, the distinction is important.

Someone applying through a family-preference category may face a limited number of visas and potentially lengthy waits. Immediate relatives of U.S. citizens, however, are placed in a category where immigrant visas are always available under the law.