Bring your foreign-born parent(s) to the United States with the IR-5 visa

IR-5: the Basics

If you’re a U.S. citizen with a non-U.S. citizen parent (or parents) — and you’d like them to permanently reside in the United States — you may want to sponsor your parent(s) on a permanent resident card (or green card) known as the IR-5 parent visa.

The “IR” in IR-5 stands for “Immediate Relative.” Though there are several types of immediate-relative green cards, we will focus solely on permanent resident cards for parents of U.S. citizens.

With this type of visa, your parent(s) can lawfully live and work in the United States on a permanent basis. If, however, your parent or parents live abroad, they will need to apply for and obtain the visa in their country of residence.

To do this, you will need to make sure you follow the appropriate steps and satisfy the requisite criteria. The following article will provide a broad summary of the IR-5 visa application process, while addressing some of the most frequently asked questions (FAQs):

  1. Eligibility Requirements
  2. Petition for Alien Relative
  3. Green Card Application
  4. Green Card Interview
  5. Special Circumstances
  6. FAQ

Eligibility Requirements

Before continuing, you’ll need to meet certain criteria. Failure to satisfy these requirements could result in your application being denied. To apply, the sponsor must:

  • Be a U.S. citizen and at least 21 years of age
  • Be able to prove their relationship to the parent by providing a birth certificate
  • Live, and have an address, in the United States
  • Be able to support their parent financially, at least until the parent is able to start working

If you meet these requirements, then you and your parent(s) can begin the application process.

Petition for Alien Relative

Before you can actually apply for an IR-5 visa, you must first prove that you are indeed your parents’ child. To do this, you will need to complete Form I-130, also known as the “Petition for Alien Relative”.

Note that once you successfully complete this petition, your parent(s) will not automatically become lawful permanent residents, nor will they be permitted to enter the United States. They will, however, have immediate access to a green card once they finish the IR-5 application process. This is because there are no annual caps on permanent resident cards for “immediate relatives.”

To complete the I-130, you’ll need to supply proof of U.S. citizenship. This might include one of the following:

  • A copy of your birth certificate
  • A copy of your passport (unexpired)
  • A copy of your certificate of citizenship
  • A copy of your Consular Report of Birth Abroad (CRBA)
  • A statement provided by a U.S. consular officer saying you have a valid passport and are indeed a U.S. citizen

You will also need to establish your relationship to your parent(s). The evidentiary requirements will differ depending on the circumstances of your birth, but in general, the following evidence will suffice:

  • A birth certificate, with your name and your parents’ names
  • A marriage certificate, with both parents’ names
  • Documents showing that any previous marriages have ended

To determine whether you need any additional evidence, check the “General Requirements'' section (starting on page 6) of Form I-130. (We will also touch on this later.)

If your parent is applying from abroad, the Petition for Alien Relative will go through consular processing — meaning it will be processed by the embassy in your home country. If they’re applying from within the United States, they will have to go through the adjustment of status (AOS) process. Each of these — consular processing and AOS — has its own set of forms, timelines, and fee structures, but on the whole, the eligibility requirements are the same.

The Green Card Application

What you do next will depend on whether your parents are applying through consular processing or AOS. In this section, we’ll go over the next steps for both situations.

CONSULAR PROCESSING

Once you've submitted Form I-130, it will be sent to USCIS to be processed. If the application is successful, your parent(s) will then need to fill out Form DS-260, otherwise known as the Immigrant Visa Electronic Application. To complete DS-160, you will need to provide evidence of your relationship to your parent(s).

After you’ve finished the application and gathered the appropriate documents, you can submit the Immigrant Visa Electronic Application. Upon submission, it will be sent to the National Visa Center (NVC), which will then process your petition. During the review process, the NVC may request that your parent(s) submit further evidence. Once DS-260 is processed, the NVC will send it to the consulate or embassy in the country where your parent or parents are living.

AOS

If your parent or parents are already in the United States — and they already have a valid visa or have entered through the Visa Waiver Program — they will need to apply for the IR-5 through the AOS process.

Once the initial I-130 has been submitted and approved, your parent(s) can begin filling out the I-485, also called the Application for Adjustment of Status. To do this, they will need to gather a number of documents. These may include:

  • Two photos (passport-sized)
  • A copy of their birth certificate — or, where that is not possible, other documents proving birth
  • An Affidavit of Support, which shows that the applicant will be financially supported
  • Any police or court documents pertaining to criminal charges — this may or may not be applicable

For a more complete list, check out USCIS’s informational page on evidence for Form I-485. Once the form is complete and the evidence gathered, your parent(s) can submit the application to the nearest consulate or embassy, who will then send a notice notifying the applicant of their biometrics appointment. During this appointment, the applicant’s fingerprints will be recorded and their eyes scanned.

The Green Card Interview

After the green card application has been submitted and processed, your parent(s) will need to attend an interview at the nearest consulate or embassy in their home country — if they’re applying through consular processing. (If they’re going through AOS, they may still need to go to an interview.)

In preparation for the interview, they will need to gather the following items:

  • Two color photos — these must be identical
  • Documents translated to English — where necessary
  • An appointment letter issued by USCIS
  • A passport that will remain valid 6 months after their date of entry into the United States — this is for petitioners applying through consular processing
  • Original or certified copies of any civil documents submitted through the Consular Electronic Application Center (CEAC) — this is also for applicants going through consular processing

Once at the interview, the parent will need to provide the aforementioned documents and answer questions regarding their relationship to their child. The purpose of these questions is to determine whether the application and the relationship are authentic. Once the consular officer has given their approval, the parent(s) may travel to their destination within the United States, where the green card will eventually be sent.

Special Circumstances

There will be different evidentiary requirements depending on the circumstances of your birth. In this section, we will cover the different types of evidence required for each situation.

If you’re sponsoring your mother and she lives outside the United States, you must submit:

  • A copy of your birth certificate — with your and your mother’s name
  • A U.S. passport or a copy of your certificate of citizenship — this is required if you were not born in the United States

If you’re sponsoring your father, who lives outside the United States, you’ll need to submit the following:

  • A copy of your birth certificate — with your name and both your parents’ names
  • A U.S. passport or a copy of your certificate of citizenship — only if you were not born in the United States
  • A copy of your parents’ civil marriage certificate
  • Copies of documents showing that any previous marriages have legally ended

If you’re sponsoring your father, who lives outside the United States; you were born out of wedlock; and you had a legitimate (legally recognized) relationship with your father before turning 18, you will need to provide the following evidence:

  • A copy of your birth certificate — with your name and your father’s name
  • A U.S. passport or a copy of your certificate of citizenship — this is only necessary if you were not born in the United States
  • Any evidence showing that, prior to your 18th birthday, your mother and father were married; or that, before turning 18, your relationship to your father was legitimated according to the laws of your residence or domicile, or the laws of your father’s residence or domicile

If you’re sponsoring your father, who lives outside the United States; you were born out of wedlock; and you were not recognized by your father (in the eyes of the law) prior to turning 18, you will need to supply the following items:

  • A copy of your birth certificate — with your name and your father’s name
  • A U.S. passport or a copy of your certificate of citizenship — this is if you were not born in the United States
  • Documents, or evidence of any kind, proving that you had a financial or emotional bond with your father prior to your being married or your 21st birthday (whichever comes first)

If you’re sponsoring your step-parent, you will need to gather the following documents:

  • A copy of your birth certificate — with your name and both your birth parents’ names
  • A U.S. passport or a copy of your certificate of citizenship — this is only necessary if you were not born in the United States
  • A copy of the marriage certificate, indicating that the step-parent and your birth parent were married prior to your 18th birthday
  • Copies of any documents showing that all previous marriages have been legally terminated — this might include death certificates or divorce papers

If you’re sponsoring your adoptive parent(s), you will need to submit the following:

  • A copy of your birth certificate
  • A U.S. passport or a copy of your certificate of citizenship — this is only necessary if you were not born in the United States
  • A certified copy of the adoption papers showing that you were indeed adopted prior to your 16th birthday
  • A written statement that shows when and where you have lived with the adoptive parent or parents

FAQ

Can I include my siblings on my parents’ application?

No. In order to sponsor siblings born abroad, you will need to submit a separate application for each sibling. Alternatively, your sponsored parent(s) may file a petition once they receive their green card(s).

Will my sponsored parent be able to become a U.S. citizen?

Yes. After they’ve held their green card for five years, they can apply to become a citizen.

How old do I have to be to sponsor my parents?

In order to sponsor a parent for an IR-5, you must be at least 21 years of age.

It can be overwhelming to find all the required documents and fill out all the necessary forms. If you need help compiling your IR-5 application, RapidVisa is here for you. Reach out to us today so we can begin the process of reuniting you with your parent(s).