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Legal Definitions - immediate relative
Definition of immediate relative
The term immediate relative refers to a person's closest family members. While the general understanding often includes spouses, children, and parents, the precise legal definition of who qualifies as an "immediate relative" can vary significantly depending on the specific law, regulation, or policy being applied. This variation is crucial because it directly impacts an individual's rights, duties, and eligibility for certain benefits or restrictions.
Relationships typically considered for immediate relative status are established through blood, adoption, or marriage. However, the exact scope—whether it includes siblings, grandparents, or even financially dependent household members—is always determined by the specific legal context in which the term is used.
- Example 1: U.S. Immigration Law
Sarah is a U.S. citizen and wants to sponsor her mother, Elena, to immigrate to the United States. Under U.S. immigration law, a U.S. citizen's parents are considered immediate relatives. This classification is highly beneficial because it means Elena can apply for a green card without being subject to annual visa quotas, typically resulting in a much faster processing time compared to other family-based categories that have long waiting lists.
- Example 2: Employee Bereavement Leave Policy
Mark works for a company with a generous bereavement leave policy. The policy states that employees can take up to five days of paid leave for the death of an immediate relative, which the company's handbook specifically defines as a spouse, child, parent, or sibling. When Mark's beloved grandmother passes away, he checks the policy and realizes that while his grandmother was incredibly close to him, she does not fall within the company's specific definition of an immediate relative for paid leave. Consequently, Mark would need to use his personal vacation days or take unpaid leave to attend the funeral.
- Example 3: State Ethics Regulations for Public Officials
A new state ethics law is passed to prevent conflicts of interest among public officials. The law prohibits officials from accepting gifts over a certain value from lobbyists, and this restriction also extends to their immediate relatives. For the purpose of this specific ethics law, immediate relatives are defined as the official's spouse, minor children, and any adult living in the same household who is financially dependent on the official. This definition is broader than just direct blood relatives, aiming to prevent lobbyists from circumventing the rules by gifting to family members who share a household or financial ties with the official.
Simple Definition
An "immediate relative" refers to close family members, but its precise definition is not universal and varies significantly depending on the specific law or regulation. The scope of who qualifies can differ greatly, such as between immigration law for U.S. citizens versus lawful permanent residents, or under financial regulations like FINRA, which in turn impacts associated rights, duties, and processing priorities.