IR5 Visa (Green Card for Parents)

What is the IR5 Visa?

The IR5 visa is a family-based immigrant visa. It allows parents of US citizens to become permanent residents in the United States. The US citizen sponsoring the visa must be at least 21 years of age. Holders of the IR5 visa can live and work in the US.

The IR5 visa is an immediate relative green card. It doesn’t have an annual cap. This means you don’t have to wait for priority dates after applying. You’ll easily get your visa if you follow the due process and meet all requirements.

Who is eligible for the IR5 visa?

To qualify for the IR5 visa, you must meet the following requirements:

• You must be a foreign-born parent of a US Citizen.
• You must be at least 21 years old.
• You must show proof of your relationship with the US citizen.

In addition, the US citizen must meet the following requirements:

• They must be at least 21 years old.
• They must be financially capable enough to support the IR5 applicant until they start working and earning.
• They must reside in the US with a registered address.

IR5 Visa Application Process

The application process for the IR5 visa is in 2 stages – the petition stage and the application stage. A Visa application is only possible after approval of the petition.

I-130 Petition Stage

The US citizen sponsoring the IR5 applicant must submit a petition to the USCIS with Form I-130 – Petition For Alien Relatives. They must pay the filing fee for the form to be processed.

Processing may take some months as USCIS will send the case to the Department of Homeland Security to do a background check. After processing, USCIS will notify the sponsor of their decision on the petition.

If the petition is denied, the USCIS will state the reasons for the denial and let you know if you can reapply. If approved, they’ll transfer the case to the National Visa Center (NVC). The NVC will review the petition and contact the IR5 applicant with some information.

Notably, this will contain the approved petition’s case number and invoice ID number. With these details, the applicant can then proceed to apply for the IR5 visa.

Visa Application Stage

The US parent can apply immediately after receiving the information from NVC since the IR5 visa has no annual cap. You apply by submitting Form DS-260, Immigration Visa Electronic Application.

It’s an online form, and you mainly have to provide certain information about yourself. You have to pay the application fee for the form to be processed. After submitting the form, print the confirmation page that’ll contain your application number.

The information from NVC will also contain instructions on medical tests and vaccinations you must take. This is mandatory to show that you’re in good health to enter and live in the United States.

The medical test must be done by a licensed doctor. Your medical examination certificate and proof of vaccinations are important supporting documents.

Afterwards, the embassy will invite you for a visa interview which you must attend after submitting all required documents.

What are the required documents?

The specific documents you have to submit will vary depending on the circumstances. Nevertheless, you’ll have to provide all or most of the following documents:

• Valid international passport
• Form DS-260 confirmation page
• Approved Form I-130
• Signed Form I-864, Affidavit of Support from the US petitioner
• Medical examination certificate
• Vaccination documents (if applicable)
• Passport photographs according to US visa requirements
• Valid birth certificate proving the relationship between you and the US citizen.
• Court, criminal records, or police certificate
• Military records, if the applicant has served in the military.

The documents should be in English. If they’re not, you have to provide certified-English translations of them.

IR5 Visa Interview

The visa interview is the deciding stage of your visa application. You’ll attend the interview at a US embassy or consulate in your residing country. An immigration officer will conduct the interview and ask you some questions concerning your application.

The questions will mainly be about your relationship with the US citizen. Your performance at the interview, along with the authenticity of the documents submitted, will largely determine whether the consular officer will approve the visa application or not. In some cases, the embassy may request some special requirements for further processing.

If your visa is approved, you’ll get a visa packet which you must submit at the port of entry into the US. You mustn’t open the packet yourself. At the port of entry, the Immigration officers will examine your packet. They will review your travel documents and decide if you meet the entry requirements. If they grant you entry, you can then enter the US as a permanent resident on IR5 status.

Special Requirements

Some special requirements may arise depending on the circumstances surrounding the birth of the US citizen – that is, whether the birth occurred when the parents were “in wedlock” (married) or “out of wedlock” (not married). Special requirements may also arise if the parents are stepparents or adopted parents.

For mother applying outside the US, the sponsoring citizen must submit:

• Birth certificate showing their name and mother’s name
• Copy of their naturalization certificate or passport if not born in the US.

For a father applying outside the US, the sponsoring child must submit:

• Copy of their birth certificate with both parents’ names.
• Copy of their naturalization certificate or passport if not born in the US.
• Copy of parent’s legal marriage certificate

If the sponsoring child was born out of wedlock and NOT legally recognized by their father before the age of 18, they must submit:

• Copy of their birth certificate with the father’s names.
• A copy of their naturalization certificate or passport if not born in the US.
• Proof of a financial or emotional tie between the child and father before marriage or age 21, whichever came first.

If the sponsoring child was born out of wedlock and legally recognized by their father before the age of 18, they must submit:

• Copy of their birth certificate with the father’s names.
• A copy of their naturalization certificate or passport if not born in the US.
• Proof that the child was legitimated before the age of 18 by their natural parents’ marriage or by the laws of the father’s birth state or country.

If a sponsoring child wants to bring a stepparent to America, they must submit:

• Copy of their birth certificate with birth parents’ names
• Copy of their naturalization certificate or passport if not born in the US
• Copy of the birth parent’s civil marriage certificate confirming the marriage occurred before the child turned 18.
• Copy of divorce decrees, death certificates, or annulment decrees to prove that the child’s natural or stepparent’s previous marriage ended on legal grounds.

If the sponsoring child wants to bring their adopted parents to the US, they must provide:

• Copy of birth certificate
• Copy of their naturalization certificate or passport if not born in the US.
• Proof that the sponsoring child was adopted before his/her 16th birthday.
• Statement of the dates and locations where the sponsoring child resided with their parents.

IR5 Visa Application Fees

The following fees apply to your IR5 Green Card application:

• Form I-130 filing fee ($535.00)
• Fees for translation of your documents (if applicable)
• Medical examination and vaccination fees (if applicable)
• USCIS Immigrant Fee: $235

How long is the IR5 processing time?

The IR5 visa can take 6 months to a year to process. The processing time mainly depends on the time it’ll take to process the Form I-130 petition. Once the petition is approved, the Form DS-260 application takes a shorter time.

How long is the IR5 visa valid?

The IR5 visa is a Green Card, so you can live and work in the US permanently. However, most green cards’ validity expires after 10 years. An expired Green Card doesn’t mean you’re no longer a US permanent resident; you just have to renew it.

You should apply for renewal any time from 6 months before your Green Card expires. For this, you have to file Form I-90, Application to Replace Permanent Resident Card. You’ll also file this form if you misplace your Green Card document.

The renewal process is simple, and usually, you only need to provide a copy of the expiring Green Card. However, you’ll provide other documents if it’s a case of lost or stolen Green Card. You can only lose your status if you break any serious law that results in deportation.

How can IAS help?

Our team of experienced immigration lawyers are experts in U.S. immigration law. We pride ourselves on offering you the very best citizenship and immigration services and are happy to answer all of your questions about U.S. visas and immigration issues. We can guide you through the application process providing advice and counsel along the way. Some services that our dedicated lawyers can provide are:

• Assessing your eligibility for the IR5 visa (Parent Green Card).
• Offering you help with filling out and submitting various immigration forms
• Helping you to gather the necessary documents for an adequate portfolio of evidence
• Guiding you through the process and what to expect once you have been approved for your IR5 visa.

Get in touch with us today to find out more about how we can help you with your Parent Green card!