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What is IR5 Parent Visa?
- The IR5 visa is the US visa for parents US citizens who are at least 21 years old. It gives them the opportunity to live and work in the US and stay connected with their children as a family in one country. When they receive the IR5 visa, the parents can then work legally in the US without needing an Employment Authorization Document (EAD).
- The benefit of the IR5 visa is that because it is an immediate relative visa, it does not have an annual cap or limit. This means that any applicant who fulfils the criteria and has an approved application can get the visa without having to wait for their priority dates to become current.
To be eligible for the IR5 visa, there are some criteria which both the US citizen and their parent must fulfill, as below:
- Be at least 21 years old.
- Have financial stability to support their parents until they start working.
- Live in the US and have a valid US address.
- The parent must be from a foreign country.
- The US citizen and their parents must prove their relationship through a valid birth certificate.
Special Requirements:
Some special requirements may arise depending on the circumstances surrounding the birth of the US citizen – that is, whether the birth occurred when the parents were “in wedlock” (married) or “out of wedlock” (not married). Special requirements may also arise if the parents are stepparents or adopted parents.
For mother applying outside the US, the sponsoring citizen must submit:
- Birth certificate showing their name and mother’s name
- Copy of their naturalization certificate or passport if not born in the US.
For a father applying outside the US, the sponsoring child must submit:
- Copy of their birth certificate with both parents’ names.
- Copy of their naturalization certificate or passport if not born in the US.
- Copy of parent’s legal marriage certificate
If the sponsoring child was born out of wedlock and NOT legally recognized by their father before the age of 18, they must submit:
- Copy of their birth certificate with the father’s names.
- A copy of their naturalization certificate or passport if not born in the US.
- Proof of a financial or emotional tie between the child and father before marriage or age 21, whichever came first.
If the sponsoring child was born out of wedlock and legally recognized by their father before the age of 18, they must submit:
- Copy of their birth certificate with the father’s names.
- A copy of their naturalization certificate or passport if not born in the US.
- Proof that the child was legitimated before the age of 18 by their natural parents’ marriage or by the laws of the father’s birth state or country.
If a sponsoring child wants to bring a stepparent to America, they must submit:
- Copy of their birth certificate with birth parents’ names
- Copy of their naturalization certificate or passport if not born in the US
- Copy of the birth parent’s civil marriage certificate confirming the marriage occurred before the child turned 18.
- Copy of divorce decrees, death certificates, or annulment decrees to prove that the child’s natural or step parent’s previous marriage ended on legal grounds.
If the sponsoring child wants to bring their adopted parents to the US, they must provide:
- Copy of birth certificate
- Copy of their naturalization certificate or passport if not born in the US.
- Proof that the sponsoring child was adopted before his/her 16th birthday.
- Statement of the dates and locations where the sponsoring child resided with their parents.
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Process:
Since the IR5 visa does not have an annual cap or priority dates, the parent can start the application immediately after the petition is approved. The applicant should apply for US parents visa at the US Embassy or Consulate in their home country. In this stage, the US citizen will not have many duties and the decision will now be up to the officials who review the case in the US Embassy.
File Form DS-260
The parent or applicant will put in their case number and will be redirected to the appropriate sections. They must fill out all the sections with the correct information which are related to the applicant’s background and other details. At the end, they will get a confirmation page and number which they will attach to the supporting documents.
Complete medical examination and vaccination
The US has requirements regarding a person’s medical history and the vaccination that they must receive in order to live in the country. In the NVC package, the applicant will have instructions about what tests they must conduct and what vaccines they must take. The applicant must then go to a licensed doctor to complete the requirements and have the doctor sign the documents which prove that those requirements have been fulfilled. These documents will then be attached to the supporting ones to send to the NVC.
Compile the US visa for parents supporting document file
In order to strengthen the application, the parent must also attach some supporting documents to send to the NVC. These documents serve to prove that the parent fulfills all the requirements and is eligible to move to the US with an IR5 visa.
In addition to the standard required documents for a US visa, the US parents visa file must contain the following documents:
- Your valid passport for more than 6 months after your planned entry into the US
- A signed Form I-864, Affidavit of Support from the US petitioner (applicant’s child)
- Form DS-260 confirmation page
- Medical examination and vaccination documents
- Valid birth certificate proving the relationship of the US citizen and the applicant
- Two photographs per individual according to the US Visa Photograph Requirements
- Court and criminal records and/or police certificate
- If you served in the military, you must bring your military records
Once you collect all your required documents for IR5 visa, you can look at health insurance options for Lawful Permanent Residents in the United States.
Attend the visa interview
After the documents have been sent, the NVC will schedule an interview for the applicant at the US Embassy where they are applying. A US Embassy official will conduct the IR5 Visa interview. They will ask questions regarding the applicant’s background and their reasons for wanting to move to the US. It is important to answer all questions correctly and honestly.
Receive NVC packet and travel to the US.
The US Embassy will notify the applicant whether their visa has been approved after the interview. If the applicant gets the IR5 visa, the Embassy will give them a package which they must bring when they travel to the US. It is important to not open the package. The only people who will open it are the immigration officials at the US point of entry. This helps them decide whether you can enter the country.
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