IMMEDIATE RELATIVES

"Immediate relatives" is restricted to children, spouses, and parents of U.S. citizens.

If the petition is for a parent, then the U.S. citizen son or daughter must be over the age of 21 years. 

A parent petitioning for a child can only do so in this category if the child is under 21-years old and unmarried.  (See first, second and third preferences for other categories).

A widow or widower of a U.S. citizen may attain permanent residence through the marriage if it lasted at least 2 years, the petition is submitted within 2 years of the spouse's death, the widow(er) is not remarried and was not legally separated from the deceased at the time of his/her death.

Battered spouses or children

The law was amended to enable the spouse or child of a U.S. citizen to petition for permanent residence if they were subjected to severe cruelty or battery.  There are special requirements for this particular category.

Child

The definition of a child has undergone different interpretations, especially in the area of legitimate and illegitimate children. 

A stepchild is eligible as long as the parent-child relationship was established when the child was under the age of 18 years.