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Guidance In Applying For A Parent Visa (IR-5)

United States citizens are allowed to immigrate their parents to the U.S. by obtaining IR5 visas for them.

Filing Requirements For An IR-5 Visa

  1. The petitioner must be a U.S. citizen at least 21 years old.
  2. The American citizen petitioner must meet the minimum income requirement for an IR5 visa or have a qualified cosponsor.

The Parent Visa Application Process

U.S. Citizenship And Immigration Services (USCIS)

The IR5 visa petitions are filed at the proper USCIS Service Center. If there are any missing documents or incorrect paperwork, you will receive a Request for Evidence (“RFE”).  Each RFE will delay the approval of your IR5 visa petition, and ultimately the approval and issuance of your IR5 visa, by 6-12 months.

National Visa Center (NVC)

When the USCIS has approved the IR5 visa petition, it is forwarded to the National Visa Center (“NVC”) where documents are reviewed and background checks are performed on both the American petitioner and the foreign parent.  The NVC then forwards the petition to the Consulate that will conduct the visa interview.

U.S. Embassy (Consulate)

The foreign parent will be required to undergo a medical exam at a clinic specified by the Consulate.  If the foreign parent passes the medical exam and the interview is successful, the IR5 parent visa will be issued.

The things that can delay or prevent the issuance of the IR5 visa are:

  1. Missing documents
  2. Incorrect documents
  3. Documents completed incorrectly
  4. Submitting documents that are not issued by the appropriate authority (based on country requirements)
  5. Providing fraudulent information or documents
  6. U.S. citizen petitioner or co-sponsor cannot meet the minimum income requirement

All of the above can normally be avoided by hiring an immigration law firm with the experience that we have in handling these situations.

Figuring Out The Timing On IR5 Parent Visas

The timing of the IR5 parent visa depends on the USCIS Service Center that processes the visa petition and the country in which the foreign parent legally resides. If you will call us we will be glad to compute the current processing time for your IR5 visa situation.
Once the IR5 visa is issued, your parent has a maximum of six months to use it to enter the U.S.

The Expected Result

  • The IR5 parent will be able to work and travel immediately upon arrival in the U.S.
  • The IR5 parent will receive a 10 year green card (not a conditional green card) in the mail a month or two after their arrival in the U.S.

Contact Holmes & Ramos Immigration Attorney

To set up a consultation, call our San Diego office at 858-206-9184. You can also reach us using our online contact form.