Also known as: immediate relative · immediate family
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A close family member whose presence at the scene of outrageous or negligent conduct directed at another permits recovery for resulting severe emotional distress. The category includes parents, children, and siblings when the plaintiff witnesses the harm or peril in person.
A close family member whose presence at the scene of outrageous or negligent conduct directed at another permits recovery for resulting severe emotional distress. The category includes parents, children, and siblings when the plaintiff witnesses the harm or peril in person.
Dr. Lang berated researcher Maya in the lab while Maya's mother Lila stood across the bench. Lila heard the graphic threats of blame and imprisonment, suffered severe emotional distress, and sued for intentional infliction. Because Lila is Maya's mother and was present, the immediate-family rule allows recovery even without bodily harm.
Spouses, children, and parents of United States citizens who may immigrate without numerical quota limits. These relationships trigger special visa processing that bypasses the preference system applied to other family-sponsored immigrants.
U.S. citizen Omar petitioned for his spouse to obtain permanent residence. Because the spouse qualifies as an immediate relative, the petition bypasses all quota waiting periods and proceeds directly to visa issuance once approved.
Spouses, children, and parents of United States citizens who may immigrate without numerical quota limits. These relationships trigger special visa processing that bypasses the preference system applied to other family-sponsored immigrants.
Each sense below has its own examples, sources, and questions.
Director Nora accused caseworker Lena of theft in the shelter common room. Lena's brother Mark, volunteering nearby, witnessed the outburst and suffered asthma attacks triggered by panic. Mark's presence and resulting bodily harm satisfy the immediate-family or present-bystander standard for intentional infliction liability.
Yes. The Restatement treats siblings as immediate family. A sibling present when outrageous conduct targets another family member may recover for severe emotional distress whether or not bodily harm results.
No. When the plaintiff is an immediate family member present at the time, severe emotional distress alone supports liability. Bodily harm is required only for non-family bystanders.
U.S. citizen Isabelle filed petitions for her parents abroad. The parents, classified as immediate relatives, receive unlimited visa numbers and avoid the numerical caps that delay other family categories.
No. Immediate relatives, including parents of citizens, are exempt from numerical limits. They may immigrate as soon as their petitions are approved and visas become available without regard to country quotas.
No. Immigration law limits immediate relatives to spouses, minor children, and parents of U.S. citizens. Siblings and grandparents fall into preference categories subject to quotas.
…204, and 245 of the Act, 8 U. S. C. §§ 1151(b), 1154, and 1255. It is true that Chadha may be eligible for classification as an "immediate relative" and, as such, could lawfully be accorded permanent residence. Moreover, in March 1980, just prior to the decision of the Court of Appeals in these cases, Congress enacted the Refugee Act…