As a United States citizen, there are a variety of reasons why you may wish to bring your noncitizen parents to the United States to live and work. Having your parents in close proximity may be important, or perhaps you wish to provide an increased standard of living or better healthcare for your family. Regardless of your motivation, the IR-5 parent visa may be the ideal option for your situation.
Our team of experienced IR-5 visa attorneys has the skill and knowledge necessary to efficiently navigate the visa application process and help your parents successfully immigrate to the United States. Through our compassionate approach and client-centered practice, we are better able to understand your case and guide you through the visa process. To learn more about how we can help, consider scheduling a consultation with our Seattle office at (206) 547-9906 today.
How Can I Help My Parents Immigrate to the United States?
Through the United States family immigration system, it is possible to help your parents immigrate to the United States. If you are a United States citizen, this visa option allows your foreign-born parents to immigrate to the United States as permanent residents. It is important to note that this visa must be granted abroad, meaning your parents cannot already be residing in the United States. There is another option if your parent is already living in the United States. If successful, the IR-5 visa will grant your parents a Green Card to the United States, allowing them to live and work in the country on a permanent basis.
What Is the IR-5 Visa?
An unlimited number of IR-5 parent visas are granted every year, which is unlike other visa options such as the family preference category. It is important to understand that this visa is only available for the parents of United States citizens. If you are a Lawful Permanent Resident, you will have to pursue a family preference visa rather than an immediate relative visa.
What Are the Benefits of the IR-5 Parent Visa?
A parent visa has many advantages:
- They are freely available. Other types of visas have a yearly capacity (only a limited number are available), which often results in long processing and approval times. Because an IR-5 Visa is an immediate relative family visa, there are no limits.
- They allow parents to live and work in the U.S. Parents who join their adult children in the U.S. will have the right to seek employment without any restrictions and without the need for an Employment Authorization Document (EAD).
- They grant permanent residency. Upon approval, parents immediately become lawful permanent residents (LPR), or Green Card holders.
If you’re a U.S. citizen and your parents live outside of the country, an IR-5 Visa can help reunite your family while providing many advantages to your parents.
But it’s important to remember that immigration matters are complicated. There are forms and requirements that must be met in order to be approved.
The attorneys at ZafiroLaw can help you understand all of the steps involved and guide you through the process of obtaining an IR-5 Visa.
How Long Can Parents Stay in the United States on a Parent (IR-5) Visa?
One major advantage of the IR-5 Visa is that it grants permanent residency to parents, which allows them to live in the U.S. for a longer period of time than most temporary visas
After five years of permanent residency, IR-5 Visa holders can apply for citizenship, allowing them to stay in the U.S. indefinitely.
What Are the Forms Used When Applying for the IR-5 (Parent Visa)?
To apply for an IR-5 Visa, you will need to submit several documents, including:
Form I-130: This form – the Petition for Alien Relative – establishes the parent-child relationship. The child must provide proof of their U.S. citizenship via their U.S. passport, Certificate of Citizenship, Certificate of Naturalization or U.S. birth certificate. Other documents will also be required to prove the parent-child relationship.
Form I-864: This form, called an Affidavit of Support, demonstrates the child’s ability to financially support their parent.
Form DS-260 (Immigrant Visa Application): The parent will be responsible for completing this form once the case reaches the NVC stage of the process.
In addition to the forms above, you will also need supporting documents, including:
- A valid passport. The parent’s passport must be valid for at least six months beyond their intended travel date to the U.S.
- Medical exam results. Parents applying for an IR-5 Visa must get a medical exam from an authorized doctor and provide the exam results.
- Police certificates. The parent must also provide police certificates from every place they have lived for more than six months since the age of 16.
- Civil documents. Parents will also need birth certificates, marriage certificates, divorce certificates, death certificates or any other relevant civil documents.
Documents that are not in English will need to be accompanied by a certified translation. Other documents and forms may also be required. Always consult with an immigration attorney to ensure you have all of the necessary documents for your application.
What Are Likely Questions for the IR-5 Interview?
One stressful aspect of the parent visa process is the interview. Your parent(s) will be put on the spot and go through an extensive interview with a USCIS office. The interviewer will ask your parents a series of questions. Don’t be surprised if both parents have different interviews.
Preparing to answer the questions ahead of time will help put your parents’ minds at ease and improve their chances of the interview being a success.
Note: Answers must be 100% truthful or they can do more harm than good.
A few of the many questions that the interviewer is likely to ask are:
- How many kids do you (your parents) have?
- When are you planning to enter the US?
- What kind of job does your child have?
- Why are you moving to the US?
- Where does your child live?
Your immigrating parent will be asked their full name, birthday, address, phone number, family history and other relevant questions.
The interview is often easier than people expect.
An interviewer may also ask about things that seem easy to answer on their own:
- Height
- Weight
- Eye color
- Hair color
On some occasions, the interviewer may ask a question, such as, “Where does your daughter live?” but the parent doesn’t have a daughter. It’s important to politely correct the interviewer with the answer. For example, “I do not have a daughter, but my son lives…”
Remember: Your parents have a right to an English-speaking translator who can help them navigate the interview.
As your attorney, we’ll prepare you and your parents for the questions and explain the entire process ahead. Eliminating surprises will help your parents feel more comfortable during the interview.
What Are the Requirements for the IR-5 Visa?
There are specific eligibility requirements that must be met before applying for an IR-5 visa. As the United States citizen sponsor, you must:
- Be 21 years of age or older
- Possess the ability to financially support your parents until they begin working
- Live in the United States and have a valid United States address
- Have evidence of your relationship with your parents, specifically a birth certificate
If all these requirements are met, then you may qualify for the IR-5 parent visa. Every circumstance is unique, however, and if you have further questions about the eligibility requirements, consider speaking to an experienced immigration attorney.
What Is the Application Process for the IR-5 Visa?
When applying for this immediate relative visa, there are certain documents that must be submitted and tasks that must be completed before the visa can be granted. The steps of the application process for the IR-5 visa include:
- Step 1: You, the United States citizen, will file Form I-130 to establish your relationship with your parent(s). This form is formally referred to as the Petition for Alien Relative. The United States Citizenship and Immigration Services (USCIS) will receive the form and process it.
- Step 2: After the USCIS approves of the petition, your parent(s) must complete and submit Form DS-260, the Immigrant Visa Application. This form and the relevant supporting evidence will be submitted to the National Visa Center, where it will be reviewed and processed. The National Visa Center may require further documentation and will communicate with your parent(s) if this is the case.
- Step 3: Your parent(s) will receive a notice regarding their visa interview. The interview will take place in the city/country where they live and they will be required to bring specific paperwork with them. This paperwork includes their USCIS appointment letter, an unexpired passport, photographs, and other supporting documents. The supporting documents that are required depend on the circumstances of your birth. An immigration lawyer can provide further information on the specifics of this paperwork.
- Step 4: You and your parent(s) will be informed of whether or not they have been approved for an IR-5 visa. If your parents have been approved, they will be sent a package that cannot be opened until they arrive at a United States entry point, where an immigration official will break the seal and review the documents.
The application process for this immediate relative visa is quite complex, largely due to the supporting documents that are required depending on the circumstances of your parents’ relationship and your birth. Small errors in the application process can result in significant delays or denials of this visa, making it important to take care when compiling all necessary paperwork. Seeking assistance from an experienced immigration attorney can help avoid costly mistakes and ensure that your application is completed according to legal standards.
What Is the Processing Time for an IR-5 Visa?
The processing time for an IR-5 visa varies from applicant to applicant. On average, the parent visa takes between six months to a year to process. Depending on the country that your parent(s) are applying from, the caseload of the respective embassy or consulate, and the unique circumstances of your case, the processing time may be longer or shorter than average. It is important to manage expectations regarding the processing time for this visa, as it is difficult to predict how long each step will take.
Hiring An Attorney Near You to Help with the IR-5 Application Process
Reuniting with your parent is a top priority. Your right as a U.S. citizen allows you to bring your foreign-born parent into the United States to live and work freely. Our clients bring their parents into the U.S. for many reasons:
- Better healthcare opportunities
- Increase in quality of life
- Reunite families to live close to or together
Elderly parents or those with healthcare issues often come to the U.S. to live with their children, who care for them and ensure their basic needs are met.
Filling out the IR-5 Visa application form incorrectly can:
- Delay approval
- Require additional paperwork
- Denial
Our goal is to help your parents obtain approval as soon as possible. Our skillful attorneys will conduct an extensive review of your situation to better understand your odds of the visa being accepted.
Insufficient financial means, if your parents overstayed a past visa, insufficient proof of your relationship and other issues can lead to denial.
We’ll work closely with you to learn about your unique family situation and complete the visa application with the proof that you need for a fast, hassle-free approval.
Schedule your free consultation with us by calling (206) 547-9906 or filling out the form below.
Contact ZafiroLaw Today for Help With Your IR-5 Parent Visa
As a United States citizen and child of foreign-born parents, it is understandable that you wish to help your loved ones immigrate to the United States. At ZafiroLaw, we work diligently to guide families through the IR-5 visa application process. In doing so, we can help you avoid the common pitfalls that applicants encounter during the process. To learn more about how we can help your parents immigrate to the United States through the IR-5 parent visa, consider contacting our Seattle office today at (206) 547-9906.
