IR-5 Visa: What to Know?

For many U.S. citizens, the dream of bringing their parents to live with them in the United States is a deeply cherished one. The IR-5 visa, also known as the “parent visa,” offers a pathway to permanent residency for the foreign-born parents of adult U.S. citizens. This visa category recognizes the importance of family unity and allows eligible parents to join their children in the U.S., where they can enjoy the benefits and opportunities of life in a new country.

However, the process of obtaining an IR-5 visa is not always easy. There are specific eligibility requirements that both the U.S. citizen child and the foreign parent must meet, as well as a multi-step application process that can be lengthy and complicated. It’s important for families to understand the criteria and procedures involved in order to navigate the system successfully and avoid unnecessary delays or denials.

Understanding IR-5 Visa Eligibility

Before diving into the application process, it’s important to determine whether you and your parent meet the basic eligibility criteria for an IR-5 visa. The requirements are different for the U.S. citizen child (the petitioner) and the foreign parent (the beneficiary), so let’s examine each in turn.

For the U.S. citizen child to be eligible to sponsor their parent for an IR-5 visa, they must meet the following criteria:

• Age: The petitioner must be at least 21 years old at the time of filing. This is a strict requirement, and there are no exceptions or waivers available.
• Citizenship: The petitioner must be a U.S. citizen, either by birth or through naturalization. Lawful permanent residents (green card holders) are not eligible to sponsor their parents for an IR-5 visa.
• Residence: The petitioner must be domiciled in the United States, meaning they must have a principal residence in the country and intend to maintain that residence for the foreseeable future. Brief trips abroad, such as for work or vacation, do not typically affect domicile, but extended absences may require additional proof of U.S. ties.
• Financial Support: The petitioner must demonstrate that they have sufficient financial resources to support their parent at 125% of the Federal Poverty Guidelines level. This is typically shown through the submission of an Affidavit of Support (Form I-864) and supporting financial documents, such as tax returns and pay stubs.

For the foreign parent to be eligible for an IR-5 visa, they must meet the following criteria:

• Relationship: The beneficiary must be the biological parent, stepparent, or adoptive parent of the U.S. citizen petitioner. The specific requirements for each type of parental relationship are discussed in more detail below.
• Admissibility: The beneficiary must be admissible to the United States under U.S. immigration law. This means they must not have any disqualifying criminal convictions, communicable diseases, or other ineligibilities that would bar them from entering the country. If inadmissibility issues are present, the parent may need to seek a waiver or other form of relief to overcome them.

It’s important to note that meeting these basic eligibility criteria does not guarantee approval of an IR-5 visa petition. The U.S. government will also closely scrutinize the bona fides of the parent-child relationship and may request additional evidence to establish that the relationship is genuine and not entered into solely for immigration purposes.

Consular Processing vs. Adjustment of Status

After your I-130 petition is approved, the next steps in the IR-5 visa process will depend on whether your parent is currently living inside or outside the United States. If your parents are outside the U.S., they will need to go through a process called “consular processing” to obtain their immigrant visa and enter the country as a permanent resident.

If your parent is already in the U.S. with a valid nonimmigrant status, they may be eligible to apply for “adjustment of status” to obtain their green card without leaving the country.

Consular Processing

If your parent is outside the United States, they will need to apply for their IR-5 visa through the U.S. embassy or consulate in their country of residence. This process is known as consular processing and involves several steps:

• NVC Processing: After your I-130 petition is approved, the NVC will send you a welcome letter with instructions on how to pay the required visa fees and submit additional documentation. You will need to log into the Consular Electronic Application Center (CEAC) online portal to complete these steps and track the status of your application.
• DS-260 Application: Your parent will need to complete the online immigrant visa application, Form DS-260, which collects detailed information about their background, family, education, work history, and other relevant facts. They will also need to upload a digital photo meeting U.S. government requirements.
• Supporting Documents: In addition to the documents submitted with your I-130 petition, your parent will need to provide additional supporting evidence to the NVC, including their passport, birth certificate, police certificates, and other civil documents as required. These documents must be submitted through the CEAC portal.
• Medical Examination: Before attending their visa interview, your parent will need to undergo a medical examination with a U.S. government-approved physician in their country. The exam will include a physical assessment, medical history review, and any required vaccinations. The results of the exam will be sealed in an envelope that your parent must bring to their visa interview.
• Visa Interview: Once all required fees and documents have been submitted, the NVC will schedule your parent for a visa interview at the U.S. embassy or consulate. Your parent must attend this interview in person and bring all original civil documents, as well as their passport, photos, medical exam results, and other required items. The consular officer will review your parent’s application and ask questions to determine their eligibility for the IR-5 visa.
• Visa Issuance: If the consular officer approves your parent’s IR-5 visa application, they will place an immigrant visa stamp in your parent’s passport. This visa allows your parent to travel to the United States and request admission as a permanent resident at the port of entry. The consular officer will also give your parent a sealed packet of documents that they must present to U.S. Customs and Border Protection (CBP) upon arrival.

The entire consular processing timeline can vary depending on the workload of the NVC and the U.S. embassy, as well as the completeness and accuracy of your application. In general, the process takes around 6-12 months from the time your I-130 petition is approved to the time your parent receives their IR-5 visa.

Adjustment of Status

If your parent is already in the United States in a valid nonimmigrant status (such as a visitor, student, or temporary worker), they may be eligible to apply for adjustment of status to obtain their green card without leaving the country. To qualify for adjustment of status, your parent must have entered the U.S. legally and be in lawful status at the time of filing.

The adjustment of status process involves the following steps:

• Form I-485: Your parent will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form collects detailed information about your parent’s background, immigration history, and eligibility for permanent residence. It must be accompanied by supporting documents such as your parent’s birth certificate, passport, I-94 record, and proof of lawful status in the U.S.
• Biometrics Appointment: After filing Form I-485, your parent will receive a notice from USCIS scheduling them for a biometrics appointment at a local Application Support Center (ASC). At this appointment, your parent will have their fingerprints, photo, and signature taken for background check purposes.
• Interview: In some circumstances, USCIS may require your parent to attend an interview at a local field office to assess their eligibility for adjustment of status. At the interview, a USCIS officer will review your parent’s application and ask questions about their background, relationship to you, and intentions in the United States. If an interview is scheduled, your parent must attend and bring all required documents.
• Decision: After reviewing your parent’s application and conducting any necessary interviews or background checks, USCIS will make a decision on their adjustment of status. If approved, your parent will receive a notice of approval, and their green card will be mailed to them within a few weeks. If denied, your parent will receive a notice explaining the reasons for the denial and any options for appeal or reapplication.

The adjustment of status process generally takes around 6-12 months from the time of filing to the final decision, although processing times can vary depending on the USCIS field office and the complexity of the case.

One advantage of adjustment of status is that your parent may be eligible to apply for work authorization and travel permission while their application is pending. This will allow them to work and travel in the U.S. before receiving their green card.

Contact an Experienced Immigration Attorney with LegalMatch

If you’re considering sponsoring your parent for an IR-5 visa, we encourage you to take the first step today by contacting an experienced immigration attorney through LegalMatch. Our network of skilled attorneys can provide you with the guidance, support, and advocacy you need to navigate the process with confidence and achieve your family’s goals.

With the right preparation and persistence, your American dream can become a reality. Use LegalMatch’s network of experienced immigration attorneys to get a free consultation and find out what you need to do next to have the best chance of success.