IR5 Visa for Canadian Citizens
The IR5 visa allows foreign-born parents to travel and stay in the U.S. permanently with their child who is a U.S. citizen.
If you are a U.S. citizen seeking to bring your foreign-born parents to join you in the U.S., you can apply for an IR5 visa and bring them into the state as permanent residents.
This visa falls under the immediate relative visa category, and it is available to foreign-born parents of U.S. citizen who is 21 years and older.
For advice and assistance with your visa application, contact Total Law today at +1 844 290 6312 or use the online contact form to get in touch.
Page Contents
- IR5 Visa
- Eligibility Criteria for an IR5 Visa
- Required Documentation for IR5 Visa
- Special Requirements
- Application Process for IR5 Visa
- Stage 1: I-130 Petition Stage
- Stage 2: Visa Application Stage
- IR5 Visa Interview
- IR5 Visa Processing Time
- IR5 Visa Application Fees
- How can Total Law help?
- Frequently Asked Questions
IR5 Visa
The IR5 visa is a family-based immigrant visa specifically for parents of U.S. citizens to become permanent residents in the United States. The U.S. citizen is called the sponsor, and the foreign-born parent is called the applicant or beneficiary.
However, the sponsor or the U.S. citizen must be 21 years or older. Parent green card or IR5 visa allows parents of a U.S. citizen to live and work in the U.S. under permanent resident status. The IR5 visa is under the immediate relative category; hence, it is unlimited and has a faster application processing time with no yearly caps. You don’t have to wait for priority dates after applying; you can get your visa once you meet all the requirements and follow all the required processes.
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Eligibility Criteria for an IR5 Visa
When applying for IR5 Visa, there are certain requirements that you (U.S. sponsor) must meet before you can sponsor and get your parent a green card.
However, a U.S. sponsor must meet the following requirements:
- You must be at least 21 years old
- You must be financially capable of supporting their parent(s) before they start working
- You must be living in the U.S. and have a valid American address
- Your parents must be from a foreign country
- You must be able to prove a relationship between yourself and your parents through a legitimate birth certificate.
For a foreign-born Parent of a U.S. citizen to be qualified for an IR5 Visa, you must meet the following requirements:
- You must be a foreign-born parent of a U.S. Citizen.
- You must be at least 21 years old.
- You must show proof of your relationship with the child (U.S. citizen).
Required Documentation for IR5 Visa
There are documents both sponsor and beneficiaries need to submit to prove and establish their relationship and be eligible for a parent green card. The documents will determine if their application will be considered. There are different documents to be submitted, depending on the individual circumstances. The primary supporting documents to be submitted by the beneficiary are:
- A valid passport for at least six months after your planned arrival date in the U.S.
- Signed Form of I-864 (Affidavit of Support) from the U.S. citizen petitioner
- The printed confirmation page of the DS-260 form (Immigrant Visa Electronic Application form)
- Approved Form I-130
- Medical examination result
- Vaccination documents, if applicable.
- A valid birth certificate to help prove the relationship between the beneficiary or applicant (parent) and the sponsor (U.S. citizen).
- Two coloured passport-sized photographs of the applicant.
- Any court and criminal records and/or police certificate
- Military records, if the applicant has ever served in the military.
However, you can also submit other relevant documents to support your application process. These documents must be original and should be in English. If these documents are not written in English, they should be translated by a certified translator.
Special Requirements
There are some special requirements that can be considered based on individual unique circumstances. The common case of special requirement is the circumstances surrounding the birth of the U.S. citizen. Special requirements can come into play whether the birth of the U.S. citizen occurred when the parents were married or “out of wedlock” (not married). Another case of special requirements may arise if the parents of the U.S. citizen are adopted, parents or stepparents.
If the U.S. citizen mother is applying outside the U.S., the sponsor must provide the following documents:
- Birth certificate showing your name and your mother’s name
- Copy of their naturalization certificate or passport if not born in the U.S.
If the U.S. citizen father is applying outside the U.S., the sponsor must provide the following documents:
- Copy of their birth certificate with both parents’ names.
- Copy of their naturalization certificate or passport if not born in the U.S.
- Copy of parent’s legal marriage certificate
If the U.S. sponsor child was born when the foreign-born parents are not married 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 U.S.
- Proof of a financial or emotional tie between the child and father before marriage or age 21 depends on the one that comes first.
If the sponsoring child was born when the foreign-born parents were not married but legally recognized by their father before the age of 18, they must provide the following documents:
- Copy of their birth certificate with the father’s names.
- A copy of their naturalization certificate or passport if not born in the U.S.
- Proof that the child was legitimate before age 18 by their parents’ marriage certificate or by the laws of the father’s country of birth.
If a U.S. sponsoring child wants to bring a stepparent to the U.S., they must submit the following documents:
- Copy of their birth certificate with birth parents’ names
- Copy of their naturalization certificate or passport if not born in the U.S.
- 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 parent’s previous marriage ended on legal grounds.
If the U.S. sponsoring child wants to bring their adopted parents to the U.S., they must provide the following:
- Copy of birth certificate
- Copy of their naturalization certificate or passport if not born in the U.S.
- Proof that the U.S. citizen was adopted before age 16.
- Statement of the dates and locations where the U. S. citizen resided with their parents.
When applying for an IR5 visa, there are processes you need to follow; these processes must follow the required standard for an IR5 visa for the application to be considered and reviewed.
However, the application process for the IR5 visa is in two stages.
The first stage is the petition stage, and the second stage is the application stage.
The petition stage is initiated and done by the U.S. citizen, while the parent seeking the green card will carry out the application stage.
A Visa application can only be made when the petition stage has been duly approved.
Stage 1: I-130 Petition Stage
The I-130 petition stage is the first stage when applying for an IR5 visa. The U.S. sponsor child must submit a petition to the United States Citizenship and Immigration Services (USCIS) with Petition For Alien Relatives (Form I-130). The U.S. sponsor child must pay the application filing fee for the form to be processed. After the petition has been filed, you will have to wait for the processing, which might take some months because the USCIS will send the petition to the Department of Homeland Security to run a background check about the U.S. sponsor and the case in its entirety.
Once the petition has been processed, the USCIS will inform the U.S. sponsor child about their decision on the petition – whether approved or denied. If the petition is approved, your petition or case will be transferred to the National Visa Centre, where it will be further reviewed, and then contact the applicant to proceed with the IR5 visa application. On the other hand, if the petition is rejected, the USCIS will send a mail stating reasons for denial and information regarding reapplying, if you can.
Stage 2: Visa Application Stage
Once the petition has been approved, the applicant can proceed with the visa application immediately.
When applying, the applicant must submit the Form DS-260, Immigration Visa Electronic Application.
You are to fill all the requested information in the Form DS-260 online application form, pay the application fee and print the confirmation page that has your application number on it.
The visa applicant must also take the medical and vaccination tests to show that they are in good health.
After doing the necessary medical tests, you must submit all the requested documentation and wait for the embassy to invite you for a visa interview.
IR5 Visa Interview
The visa interview is the last and deciding stage of your visa application.
You must attend the visa interview at a U.S. embassy or consulate in your home country.
You will be asked questions regarding your visa application about the relationship between you and the U.S. citizen.
Your performance, genuineness of the answers provided, and authenticity of the documents submitted will determine the consular officer’s decision.
If your visa is approved, you will be given a visa packet to submit at the port of entry into the U.S.
It is important to note that the packet must not be opened until you get to the port of entry. The immigration officers will examine it and decide your entry into the U.S. as a permanent resident.
IR5 Visa Processing Time
The IR5 visa processing time is between 6 months to 1 year, depending on the time taken to process the Form I-130 petition.
Once the petition has been approved, processing the visa takes a shorter time.
IR5 Visa Application Fees
When applying for an IR5 visa, you must pay the USCIS immigrant visa fee for your application to be processed.
They are:
- $625 for Form I-130 filing fee
- $325 for Form DS-260 processing fee
- Fees for translation of your documents, if applicable
- Medical examination and vaccination fees, if applicable
- $235 for USCIS Immigrant Fee
How can Total Law help?
Total Law’s excellent immigration lawyers are vastly experienced in dealing with U.S. IR5 Visa and provide advice and support to make your application process smooth.
Our immigration lawyers will help you determine that you meet the eligibility criteria for U.S. IR5 Visa and will advise you in detail on which supporting documentation you should have. In addition, years of experience with this process have made us aware of the common mistakes that applicant make that causes application refusal. Therefore, we will help you avoid these errors to ensure that your application is consistent and readily accepted.
If you’ve had a previous refusal, Total Law can help you file an appeal or walk you through the re-application process to ensure you get accepted.
For advice and assistance with your visa application, contact Total Law today at +1 844 290 6312 or use the online contact form to get in touch.
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We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
The IR5 visa is a Green Card that allows you to live and work in the U.S. without immigration restrictions. However, most green cards expire after ten years. The good news is that the green card can be renewed and does not mean you can no longer live in the U.S. as a permanent resident. Hence, you must apply for renewal within six months of your expiry date. To apply for renewal, you must file Form I-90, Application to Replace Permanent Resident Card, with a filing fee of $455.
With an IR5 visa, you can travel, live, and study in the U.S. as a lawful permanent resident. You are also permitted to work without an employment authorization document, travel outside the U.S., and re-enter the U.S. anytime without losing your status.
