If you have a child who lives in the US and you want to move here, you should know about the IR-5 visa. This visa allows parents of a US citizen to legally work and live in the US. The IR-5 parent visa allows American citizens to bring their foreign national parents to the US and receive green cards. The visa is granted overseas and is issued by the US consulate or embassy where your parent lives in their home country. Note that you have to be at least 21 to sponsor your parent to get an IR-5 visa.
How Do You Obtain An IR-5 Visa?
Unlike many other US visas, this visa does not have caps. So, the process for getting the IR5 visa may not take as long as some other categories that result in a green card.
If your parent is overseas, this is the general process for getting the IR5 visa:
First, you need to file a Form I-130 showing that you are parent and child. The process differs depending on where your parent lives. If they live outside the US, the application is done through consular processing. This means it is handled by the consulate or embassy in their home country. If they file the visa application in the US, they must go through the adjustment of status process.
Second, you will file Form DS-260, Immigrant Visa Electronic Application. This will provide information on your parent’s biological information, background, and why they want to immigrate to the US. When submitting this form, you must offer documentation that shows the relationship between you and the parent, which could include:
- Passport for each parent that is valid for at least six months after they plan to enter the US.
- Form I-864, Affidavit of Support from you or the sponsor of the application.
- Form DS-260 confirmation document.
- Proof of vaccinations and medical exam.
- Two photos
Third, to be eligible to enter the US, the applicant has to have a medical examination and receive vaccines. After they do these things, the applicant must show documentation that is signed by the doctor that shows they went through the exam and received vaccines.
Fourth, your parent must attend an interview at the US consulate or embassy where they live. A US official will ask them questions about why they want to move to the US. The officer will probably ask about the person’s relationship to the citizen and determine if the relationship is legitimate.
Fifth, after the visa is granted, your parent will get a Visa Packet that is sealed and must be brought with them to the US. It cannot be opened before they reach the port of entry. The packet is usually given to the applicant at the interview in the consulate.
When Parent Already Lives In The US
If your parent already lives in the US, they need to change their status so they can get a green card. This process also involves filing a I-130, as well as a Form I-485, Application to Register Permanent Residence or Adjust Status. Note that only immediate relatives to a US citizen, such as parents, are allowed to submit this form with their immigration petition.
Next, your parent living in the US will need to submit the following documents to adjust their status:
- Two passport photos
- Form I-797, Approval or Receipt Notice, which is the receipt for the I-130 petition that was file
- Birth certificate copy
- Marriage certificate copy
- Documents that show the marriage is legitimate
- Applicant’s passport copy
Your parent will also need to attend an Application Support Center Appointment to give their fingerprints, photograph, signature and sworn statement that the information provided is accurate.
Your immigration attorney can help you with the IR5 visa process so your parent can live in the US with you.