IR5 Visa (Green Card for Parents)

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.

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.

The following fees apply to your IR5 Green Card application:

• Form I-130 filing fee ($535)
• Form DS-260 processing fee (325)
• Fees for translation of your documents (if applicable)
• Medical examination and vaccination fees (if applicable)
• USCIS Immigrant Fee: $220

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.

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 filing fee is $455.

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.