IR5 Visa for Parent
Updated on 04/18/2024
Eligibility for IR5 Visas
A green card for parents is known as an “IR5 visa”.
The “IR5 visa” name for a green card for parents derives from two parts.
The “IR” part of the name means that a green card for parents is an “immediate relative” green card. Immediate relative green cards are not subject to annual quota limitations. As such, immediate relative green cards are easier to obtain than other types of green cards.
The “5” part of the name means that a green card for parents is the fifth type of immediate relative green card. Green cards for parents can be distinguished from the other types of “IR” visas – IR1 visas (for the spouse of a U.S. citizen), IR2 visas (for the unmarried child under 21 years of age of a U.S.citizen),IR3 visas (for an orphan adopted abroad by a U.S. citizen), and IR4 visas (for an orphan to be adopted in the United States by a U.S. citizen).
What are the eligibility requirements for IR5 visas?
General Requirements
The basic eligibility requirements for an IR5 visa are that you are the parent of a U.S. citizen who is at least 21 years old.
You must be a parent of a U.S. citizen. If your child is not a U.S. citizen, including if the child is only a U.S. green card holder, you are not eligible for an IR5 visa.
You must be a parent of someone who is at least 21 years old. If your child is under 21 years old, you are not eligible for an IR5 visa.
Qualifying Parent
The key issue in determining eligibility for a green card for a parent is whether there is a qualifyingparent-child relationship for “IR5 visa” purposes.
There are different requirements for different parent-child factual situations, as follows:
- If you are the mother of a U.S. citizen who is at least 21 years old, you need to submit (i) a copy of the child’s birth certificate showing the child’s name and your name, and (ii) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States;
- If you are the father of a U.S. citizen who is at least 21 years old, you need to submit (i) a copy of the child’s birth certificate showing the child’s name, the mother’s name, and your name, (ii) a copy of your civil marriage certificate with the mother, (iii) ) copies of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by your natural parent ended legally; and (iv) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States;
- If you are the father of a U.S. citizen who is at least 21 years old, was born out of wedlock, and was legitimated by you before the child’s 18th birthday, you need to submit (i) a copy of the child’s birth certificate showing the child’s name and your name, (ii) evidence of the legitimation of the child before the child’s 18th birthday through the marriage of you and the child’s mother, the laws of the child’s state or country (of birth or residence), or the laws of your state or country (of birth or residence), and (iii) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States;
- If you are the father of a U.S. citizen who is at least 21 years old, was born out of wedlock, and was not legitimated by you before the child’s 18th birthday, you need to submit (i) a copy of the child’s birth certificate showing the child’s name and your name, (ii) evidence that an emotional or financial bond existed between you and your child before your child was married or reached the age of 21, whichever came first, and (iii) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States;
- If you are the stepparent of a U.S. citizen who is at least 21 years old, you need to submit (i) a copy of the child’s birth certificate showing the names of the child’s birth parents, (ii) a copy of the civil marriage certificate of a birth parent to you as the stepparent showing that the marriage occurred before the child’s 18th birthday, (iii) a copy of any divorce decrees, death certificates, or annulment decrees to show that any previous marriage entered into by a birth parent or you as the stepparent ended legally, and (iv) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States; or
- If you are the adoptive parent of a U.S. citizen who is at least 21 years old, you need to submit (a) a copy of the child’s birth certificate, (ii) a certified copy of the adoption certificate showing that your adoption of the child took place before the child’s 16th birthday, (iii) a statement showing the dates and places that your child has lived together with you, and (iv) a copy of the child’s Certificate of Naturalization or Citizenship or U.S. passport if the child was not born in the United States.
Processing of IR5 Visas
You need to follow a certain procedure to obtain an IR5 visa.
Form I-130
To obtain a green card for a parent, the first step in the immigration processis to file Form I-130, Petition for Alien Relative. Form I-130 is filed with U.S. Citizenship and Immigration Services (“USCIS”).
Form I-130 is prepared and filed by the sponsoring U.S. citizen child, known as the “Petitioner”, for the benefit of the parent, known as the “Beneficiary”.
With the Form I-130, it is also necessary to submit the various documentsand other evidence described above, depending on the specific nature of the parent-child relationship.
In addition:
- If your child’s name or your name has changed, you need to include proof of the legal name change. This proof can include such evidence as a marriage certificate, a divorce decree, an adoption decree, or a court judgment of the name change; and
- If other forms of evidence prove inconclusive, the Petitioner may submit on a voluntary basis other evidence of a birth parent and a birth-child relationship, including DNA testing.
After the filing of the Form I-130, the next step in the immigration process to obtain a green card for a parent will depend on whether the parent is then residing outside of the United States or in the United States.
Consular Processing
If the parent is residing outside of the United States, the IR5 visa is subject to consular processing.
With consular processing, if USCIS approves the Form I-130, USCIS then sends the approved Form I-130 to the U.S. Department of State’s National Visa Center (“NVC”). NVC will issue the parent’s case a visa number and send the case to the applicable U.S. embassy or consulate in the country where the parent is living.Because the IR5 visa is an immediate relative green card, a visa number should be immediately available for the parent’s case.
Under consular processing, the child will need to complete and submit I-864 Affidavit of Support and supporting documents. The parent will then need to complete and submit Form DS-260, Application for Immigrant Visa and Alien Registration and various supporting documents. NVC will need to review the documents. If anything missing, NVC will send a notification to request them. After NVC receives all the required documents, NVC will work with the U.S. embassy or consulate to schedule a visa interview for the parent.
The parent then will need to schedule and complete a medical examination with an authorized physician, and attend a visa interview at the applicable U.S. embassy or consulate. At the interview, the parent will likely be asked questions about the parent-child relationship with the U.S. citizen child. If the interview is successful, the IR5 visa will be granted on the passport of the parent. Then the parent can land on the United States with such visa and a physical green card will be mailed to the parent within 90 days upon entry.
Adjustment of Status
If the parent is residing in the United States, the IR5 visa is not subject to consular processing. Instead, the processing of the IR5 visa is through adjustment of status. Adjustment of status means that the parent’s status will change from whatever visa category previously permitted entry into the United States to the status of U.S. green card holder pursuant to the IR5 visa.
Under adjustment of status, the parent needs to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS (USCIS handles adjustment of status processing). With Form I-485, the parent also needs to submit various documents and other evidence. Form I-693 medical exam report is also mandatory for the parent and can be filed with Form I-485. The child needs to complete and submit I-864 Affidavit of Support and supporting documents together with Form I-485. Because the IR5 visa is an immediate relative green card, it is possible to file Form I-485 with Form I-130 at the same time; this is known as concurrent filing.
Generally, no interview is required for the parent applying for green card under Adjustment of Status. Only those who has uncommon situation will be scheduled an interview at a near USCIS local office. Thus, upon approval of Form I-485, a green card will be issued to the parent.
How Much Time Does It Take to Obtain an IR5 Visa?
Every IR5 visa case will have its own unique facts and circumstances and thus there is no exacttime that it will take to obtain each parent’s IR5 visa. It can be estimated that the typical time to obtain an IR5 visa is 6 to 18 months.
As an immediate relative green card, with its advantages of noannual quota limitations, immediately available visa numbers under consular processing, and concurrent filing under adjustment of status, the timeto obtain a green card for a parent generally is less than for“non-immediate relative” (known as “family preference”) green cards.
As processing times frequently change over time, it is recommended that the current processing time for an IR5 visa application be checked before the Form I-130 for the parent is filed to begin IR5 visa processing.
How Much Does It Cost to Obtain an IR5 Visa?
The following is a summary of the principal filing fees required in connection with an IR5 visa:
- Form I-130 – $675 (paper filing) or $625 (online filing)
- Form DS-260 – $445 (under Consular Processing only, consisting of a Visa Application Processing fee of $325 and an Affidavit of Support fee of $120);
- Form I-485 – $1,440; and
- Medical examination fees.
In addition, as obtaining an IR5 visa can require the help of someone who has prior knowledge, experience, and expertise with IR5 visas, it is recommended that an attorney be hired to assist with the IR5 visa application. The cost of such an attorney should be considered in determining the total cost to obtain an IR5 visa.
Conclusion
As children, we love our parents and want to show our appreciation. In the context of U.S. immigration benefits, you can show your parents your appreciation by helping them obtain a green card.
If you are a U.S. citizen and over 21 years old, and want your foreign parent to come to the United States, you should review applying for the IR5 visa for your parent.