What is the IR-5 Immigrant Visa Category?

The [IR-5 immigrant visa](/immigration-resources/ir-2-visa-guide) is a [family-sponsored visa category](/immigration-resources/ir5-visa-guide) in the United States, designed specifically for parents of U.S. citizens who are 21 years of age or older. The primary purpose of the IR-5 visa is to reunite families by enabling parents of U.S. citizens to join their children in the United States.

The "IR" in IR-5 stands for "[Immediate Relative](/immigration-resources/marrying-non-us-citizen-green-card-guide)," and the visa is so named because these individuals are considered immediate relatives under [U.S. immigration law](https://www.uscis.gov/laws-and-policy^)s. Unlike other family-based visa categories, the IR-5 visa does not have an annual limit or quota because immediate relatives are exempt from numerical restrictions.

The IR-5 visa grants the holder [permanent resident status](/immigration-resources/conditional-green-card-removal-process) upon arrival in the United States. This means that parents of U.S. citizens who successfully obtain an IR-5 visa become [lawful permanent residents (LPRs)](https://www.dhs.gov/immigration-statistics/lawful-permanent-residents^), also known as green card holders. They can live and work permanently in the U.S., and eventually apply for U.S. citizenship if they meet certain requirements.

In summary, the IR-5 immigrant visa plays a crucial role in family reunification, allowing parents of U.S. citizens to live permanently in the United States and providing a pathway to citizenship. It is an integral part of the [U.S. immigration system](https://www.uscis.gov/^)'s commitment to preserving family unity.

Who is Eligible for the IR-5 Immigrant Visa?

To be eligible for the IR-5 immigrant visa, there are specific requirements that must be met:

**1. Parent of a U.S. Citizen:** The applicant must be the biological, adoptive, or step-parent of a U.S. citizen. It's important to note that for step-parents to qualify, the marriage to the biological parent must have occurred before the U.S. citizen child turned 18.

**2. Sponsor's Age:** The U.S. citizen sponsoring their parent for an IR-5 visa must be at least 21 years old.

**3. Sponsor's Domicile:** The sponsoring U.S. citizen must reside in the U.S., intend to live in the U.S. for the foreseeable future, and be capable of financially supporting their parent(s).

**4. Financial Stability:** The U.S. citizen must meet certain income requirements to ensure that they can support their parent(s). This often involves submitting an Affidavit of Support, showing that the sponsor's income is at least 125% above the [U.S. poverty line](https://www.healthcare.gov/glossary/federal-poverty-level-fpl^) for their family size.

**5. Admissibility:** The parent must be admissible to the U.S. This means they must not have any disqualifying factors, such as certain criminal records, immigration violations, or health conditions that could make them inadmissible under U.S. immigration law.

There are no specific employment requirements for the IR-5 immigrant visa, and there are no country-based restrictions. However, processing times may vary based on the [U.S. embassy or consulate](/immigration-resources/b1-b2-visa-interview-guide) where the parent applies.

It's important to consult with an [immigration attorney or expert](https://www.calbar.ca.gov/attorneys/legal-specialization^) to understand the full eligibility requirements and process for obtaining an IR-5 visa.

What are the Benefits of the IR-5 Immigrant Visa?

The IR-5 immigrant visa comes with several key benefits:

**1. Permanent Residency:** The most significant benefit of the IR-5 visa is that it grants the holder permanent resident status in the United States. Upon arrival, the visa holder becomes a lawful permanent resident (LPR), also known as a green card holder.

**2. Live and Work in the U.S.:** As a green card holder, the parent can live anywhere in the United States. They are also entitled to work in the U.S. without needing a separate work permit.

**3. Access to Social Security Benefits:** After working in the U.S for a certain number of years, IR-5 visa holders may become eligible for [Social Security benefits](/immigration-resources/benefits-responsibilities-us-citizenship).

**4. Pathway to Citizenship:** After five years of [continuous residence in the U.S.](/immigration-resources/green-card-benefits-and-responsibilities) as a green card holder, the parent may be eligible to apply for U.S. citizenship.

**5. Sponsor Relatives:** As a green card holder, the parent may be able to sponsor their spouse and unmarried children under the age of 21 for a visa to live in the United States.

**6. Access to Education:** Green card holders have the right to apply for [federal financial aid for education](https://studentaid.gov/^) and may also qualify for "in-state" tuition fees.

These benefits make the IR-5 immigrant visa a powerful tool for family reunification, providing parents with the opportunity to permanently join their children in the United States.

How Can I Apply for the IR-5 Immigrant Visa: Step-by-Step?

The application process for an IR-5 immigrant visa involves multiple steps and requires both the U.S. citizen child and the foreign parent to take specific actions. Here is a step-by-step guide:

**1. File Form I-130, Petition for Alien Relative:**

The U.S. citizen child must file Form I-130 with [U.S. Citizenship and Immigration Services (USCIS)](/immigration-resources/uscis-processing-times-guide) to establish the qualifying relationship with their parent. The form must be accompanied by relevant supporting documents and fees.

Once the I-130 petition is submitted, USCIS will review it. This process can take several months. Upon approval, USCIS will send a notice to the U.S. citizen. The approved petition will then be sent to the [National Visa Center (NVC)](https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center.html^).

The NVC will assign a case number to the application. They will also provide instructions about the required fees and the necessary supporting documents. This step involves submitting an [Affidavit of Support (Form I-864)](/immigration-resources/affidavit-of-support-green-card-sponsorship) and completing an [online visa application (Form DS-260)](/immigration-resources/form-ds260-immigrant-visa-application).

The U.S. citizen child will need to pay the NVC fees and submit the requested documents, including the Affidavit of Support, proof of their financial ability, and the completed DS-260 form.

Once the NVC has received the fees and necessary documents, they will schedule an interview at the U.S. embassy or consulate in the parent's country of residence.

**6. Medical Examination and Interview:**

The parent will need to undergo a medical examination and attend the visa interview. They should bring their passport, photographs, medical examination results, and other necessary documents to the interview.

If the consular officer approves the visa, the parent's passport will be stamped with the immigrant visa.

Before traveling to the U.S., the parent will need to pay the USCIS Immigrant Fee online. This fee covers the cost of processing and issuing the green card.

With the IR-5 visa, the parent can travel to the United States. Upon entry, they become a lawful permanent resident and will receive their green

What Documentation is Required for the IR-5 Immigrant Visa?

Obtaining an IR-5 immigrant visa requires several documents from both the U.S. citizen and their parent:

**1. Form I-130, Petition for Alien Relative:** This form establishes the qualifying parent-child relationship.

**2. Proof of U.S. Citizenship:** The U.S. citizen child must provide proof of their citizenship, such as a U.S. passport, a U.S. birth certificate, a [Certificate of Naturalization](/immigration-resources/certificate-of-naturalization-guide), or a [Certificate of Citizenship](/immigration-resources/benefits-responsibilities-us-citizenship).

**3. Proof of Relationship:** Documents proving the parent-child relationship, such as the child's birth certificate showing the names of the parents, marriage certificates, and any necessary adoption documents.

**4. Form I-864, Affidavit of Support:** The U.S. citizen child must demonstrate their ability to financially support their parent by filling out this form.

**5. Form DS-260, Immigrant Visa Application:** The parent will complete this online form during the NVC stage of the process.

**6. Passport:** The parent needs a passport valid for at least six months beyond their intended period of stay in the U.S.

**7. Medical Examination:** The parent will need to undergo a medical examination by an [authorized physician](/immigration-resources/green-card-biometrics-appointment-guide) and provide the results in a sealed envelope.

**8. Photographs:** Two passport-style photographs of the parent are required.

**9. Police Certificates:** The parent must provide [police certificates](https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html^) from every place they have lived for more than six months since turning 16.

**10. Civil Documents:** These could include birth certificates, marriage certificates, and any relevant divorce or death certificates.

All documents not in English, or in the official language of the country in which the application for a visa is being made, must be accompanied by [certified translations](https://www.state.gov/global-community-liaison-office/naturalization-of-foreign-born-spouses/expeditious-naturalization-application-materials-and-information/^). The translation must include a statement signed by the translator stating that the translation is accurate and the translator is competent to translate.

It's important to note that this list is not exhaustive, and additional documents may be required based on individual circumstances. Always consult with an immigration attorney or expert to ensure all necessary documents are correctly prepared and submitted.

How Does the Petitioning Process for the IR-5 Immigrant Visa Work?

The petitioning process for the IR-5 immigrant visa is initiated by the U.S. citizen child who wishes to bring their parent to the United States. Here are the steps involved:

**1. Complete Form I-130, Petition for Alien Relative:**

The U.S. citizen child needs to fill out Form I-130, Petition for Alien Relative. This form is crucial for establishing the qualifying relationship between the U.S. citizen and their parent. The U.S. citizen must provide proof of their citizenship and evidence of the parent-child relationship.

The completed Form I-130 should be submitted to U.S. Citizenship and Immigration Services (USCIS), along with the appropriate fees and supporting documentation. This documentation will typically include proof of the U.S. citizen's status and evidence of the parent-child relationship.

After the I-130 form is submitted, USCIS will review the petition. Upon approval, USCIS will send a notice to the U.S. citizen. The approved petition will then be forwarded to the National Visa Center (NVC) for further processing.

It's important to note that for the IR-5 visa category, it's the U.S. citizen child who initiates the petitioning process, not an employer. The relevant form for this visa category is the I-130, not the I-140, which is used for employment-based immigration petitions. It's recommended to consult with an immigration attorney or expert to ensure the correct forms are filled out and submitted accurately.

What is the Interview and Adjudication Process for the IR-5 Immigrant Visa?

The interview is a pivotal part of the IR-5 immigrant visa application process. It usually takes place at a U.S. embassy or consulate in the applicant's home country. Here's what to expect:

The applicant should prepare for the interview by reviewing their application and related documents. They should be ready to answer questions about their relationship with their U.S. citizen child and their plans once they arrive in the U.S.

On the day of the interview, the applicant should bring their passport, interview appointment letter, all original civil documents submitted to the NVC, medical examination results, and two passport-sized photos. It's also advisable to bring any additional documents that could support the application.

During the interview, a consular officer will ask questions to confirm the information provided in the application and to evaluate the applicant's eligibility for the visa. The officer may ask about the applicant's relationship with their U.S. citizen child, their background, and their plans in the U.S.

After the interview, the consular officer will make a decision on the visa application. The officer may approve the application, deny it, or place it in administrative processing, which means they require more time or information to make a decision.

If the visa is approved, the consular officer will keep the applicant's passport and return it later with an immigrant visa stamp. The officer will also provide a sealed packet of documents ([visa packet](https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee^)) that the applicant must not open. Instead, this packet must be given to the [U.S. Customs and Border Protection (CBP)](/immigration-resources/public-charge-rule-explained) officer upon arrival in the U.S.

The applicant will be notified if the visa is denied and will be provided with information about why the application was denied and whether they may apply for a [waiver of inadmissibility](/immigration-resources/waiver-of-inadmissibility-guide) or other relief.

It's recommended to consult with an immigration attorney or expert to ensure that the applicant is well-prepared for the interview and understands the adjudication process.

What are the Fees Associated with the IR-5 Immigrant Visa?

There are several fees associated with the IR-5 immigrant visa application process:

**1. I-130 Filing Fee:** The fee to file Form I-130, Petition for Alien Relative, is $535. This fee is paid by the U.S. citizen child when they submit the form to USCIS.

**2. DS-260 Processing Fee:** After the I-130 petition is approved and the case moves to the National Visa Center, the parent will need to fill out [Form DS-260, the online immigrant visa application](/immigration-resources/form-ds260-immigrant-visa-application). The fee for this is $325.

**3. Affidavit of Support Fee:** The U.S. citizen child must submit an Affidavit of Support (Form I-864) to demonstrate they have adequate means to financially support their parent. The fee for this is $120.

**4. USCIS Immigrant Fee:** After the visa is approved, the parent must pay a fee to USCIS for the creation and mailing of their green card. This fee is $220.

**5. Medical Examination and Vaccination:** The parent will also need to pay for a medical examination and any required vaccinations. The cost for these services can vary based on the country and the specific medical provider.

**6. Translation and Notarization Fees:** If any documents need to be translated or notarized, there could be additional fees involved.

It's important to note that these fees are subject to change and may vary slightly based on the country where the parent is applying. Additionally, fees for third-party services such as translations, notarizations, and courier services are not included. Always check the most recent fee amounts on official U.S. government websites.

What are the Next Steps After IR-5 Immigrant Visa Approval?

Once the IR-5 visa application is approved, there are a few more steps for the applicant to follow:

The applicant will receive their passport with the immigrant visa stamp and a sealed packet (often referred to as the visa packet) from the U.S. embassy or consulate. It's important that the applicant does not open this sealed packet.

Before traveling to the U.S., the applicant must pay the USCIS Immigrant Fee online. This fee is $220 and covers the cost of processing and issuing the green card.

With the IR-5 visa, the applicant can travel to the United States. They should enter the U.S. before the visa expires, which is typically six months from the date of issuance.

Upon arrival in the U.S., the applicant will be processed by U.S. Customs and Border Protection (CBP). The officer will collect the sealed visa packet and conduct a brief interview.

The green card will be mailed to the applicant's U.S. address after they arrive in the U.S. It may take a few weeks to arrive. If the green card does not arrive within 45 days of entry, the applicant should contact USCIS.

The applicant should apply for a Social Security Number (SSN) if they did not request one on their visa application. The SSN is important for employment, banking, and other purposes.

**7. Maintain Permanent Resident Status:**

Once the applicant becomes a permanent resident, they should understand the responsibilities that come with this status, such as filing taxes and maintaining a permanent home in the U.S. Failure to meet these obligations can jeopardize their status.

After these steps, the applicant can enjoy their new life in the U.S. with their family. They are also eligible to apply for U.S. citizenship after five years of continuous residence in the U.S. as a green card holder.

What are my Responsibilities and Obligations as an IR-5 Immigrant Visa Holder?

As holders of an IR-5 immigrant visa and as lawful permanent residents (green card holders), parents of U.S. citizens have certain responsibilities and obligations while living in the U.S.:

**1. Obey the Law:** All residents, including green card holders, are required to obey all local, state, and federal laws of the United States.

**2. File Income Taxes:** All U.S. residents must file income tax returns, reporting their worldwide income to the [Internal Revenue Service (IRS)](https://www.irs.gov/^) and state tax authorities, if applicable.

**3. Support the Democratic Form of Government:** Permanent residents are required to support the democratic form of government in the U.S. and cannot attempt to change the government through illegal means.

**4. Register for Selective Service:** Male green card holders between the ages of 18 and 25 are required to register with the [Selective Service System](https://www.sss.gov/^), which is used in case the country needs to implement a system of military draft.

**5. Maintain Permanent Residence:** Green card holders must maintain their permanent residence in the U.S. Spending long periods outside the U.S. or declaring residency in another country could lead to a loss of the green card.

**6. Update USCIS with Address Changes:** Green card holders are required to notify USCIS within 10 days of moving to a new address by completing a [Change of Address form](https://www.uscis.gov/ar-11^).

**7. Travel with Proper Documents:** If traveling outside the U.S., green card holders must carry their green card to re-enter the country. For extended trips, other documentation may be required.

**8. Renew or Replace Green Card:** Green cards must be renewed every 10 years or replaced if lost or stolen.

It's important for IR-5 visa holders to understand and comply with these responsibilities to maintain their status as lawful permanent residents. Failure to comply could lead to serious consequences, including deportation. If they meet certain requirements, they may also choose to apply for U.S. citizenship after five years.

What are Common Mistakes and How Can I Avoid Them for the IR-5 Immigrant Visa?

While applying for an IR-5 immigrant visa and maintaining status, there are common mistakes that applicants and visa holders should avoid:

**1. Incomplete or Incorrect Application:**

Mistake: Filing an incomplete or incorrect Form I-130 or Form DS-260.

Avoidance: Ensure all forms are completely filled out, with accurate and up-to-date information. Double-check all entries before submitting.

Mistake: Failing to provide sufficient evidence to establish the qualifying parent-child relationship, or missing required documents.

Avoidance: Gather all necessary documents in advance and make sure they are correctly prepared. Consult with an immigration attorney or expert if you're unsure about what's needed.

**3. Failing to Update Address with USCIS:**

Mistake: Not informing USCIS within 10 days of moving to a new address.

Avoidance: Always update your address with USCIS within the required timeframe. This can be done online.

Mistake: Spending too much time outside the U.S., which can lead to abandonment of permanent resident status.

Avoidance: Plan your travel carefully. If you need to be outside the U.S. for a long period, apply for a [re-entry permit](/immigration-resources/re-entry-permit-guide) before you leave.

Mistake: Failing to renew the green card every 10 years.

Avoidance: Keep track of the expiration date on your green card and apply for renewal six months before it expires.

Mistake: Arriving at the interview unprepared or without all required documents.

Avoidance: Review your application and related documents before the interview. Bring all necessary documents with you. Practice answering potential interview questions.

**7. Not Following Health and Vaccination Requirements:**

Mistake: Failing to meet health and vaccination requirements for the medical examination.

Avoidance: Ensure that you undergo the medical examination with an authorized physician and receive all required vaccinations.

By avoiding these common mistakes, applicants can increase their chances of a smooth application process and maintain their status as lawful permanent residents.

The processing time for an IR-5 visa varies based on several factors, including the workload of USCIS and the U.S. embassy or consulate where the parent applies. However, because the IR-5 visa is for immediate relatives, it is not subject to [annual quotas](https://history.state.gov/milestones/1921-1936/immigration-act^), which can speed up the process compared to other visa categories.

Yes, as lawful permanent residents (green card holders), IR-5 visa holders are allowed to work in the U.S. without needing a separate work permit.

Yes, once an IR-5 visa holder enters the U.S., they become a lawful permanent resident and will receive their green card in the mail at their U.S. address.

The U.S. citizen child sponsoring their parent for an IR-5 visa must demonstrate they have the financial ability to support their parent. This involves submitting an Affidavit of Support (Form I-864), showing that the sponsor's income is at least 125% above the U.S. poverty line for their family size.

Yes, IR-5 visa holders can travel outside the U.S. However, they should be careful not to stay outside the U.S. for extended periods, as this could be seen as abandoning their U.S. residence. For long trips, it's advisable to obtain a re-entry permit before leaving the U.S.

Yes, after five years of continuous residence in the U.S. as a green card holder, an IR-5 visa holder may be eligible to apply for U.S. citizenship.

Yes, as green card holders, IR-5 visa holders may be able to sponsor their spouse and unmarried children under the age of 21 for a visa

What are some Frequently Asked Questions about the IR-5 Immigrant Visa?

Q: How long does it take to get an IR-5 visa?

Q: Can IR-5 visa holders work in the U.S.?

Q: Do IR-5 visa holders become green card holders upon arrival in the U.S.?

Q: What are the financial responsibilities of the U.S. citizen sponsor?

Q: Can IR-5 visa holders travel outside the U.S.?

Q: Can IR-5 visa holders apply for U.S. citizenship?

Q: Can IR-5 visa holders bring their spouse or children to the U.S.?

Are you a parent of a U.S. citizen planning to immigrate? This guide explains the IR-5 Immigrant Visa, its eligibility criteria, benefits, and application process. It also covers associated fees and steps to take after approval. Common questions are also answered.

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