Providing Legal Assistance to Help Foreign-Born Parents Legally Move to the U.S.

Are you a U.S. citizen child of foreign national parents? It can be challenging to live far away from our family and those who raised us, especially in cases where they live in a difficult or dangerous environment while we wish they could enjoy the benefits of a life in the United States. Thankfully, there are several different types of immediate relative immigrant visas available for legally bringing close family members to the U.S. to live, work, seek education, and more.

The IR-5 visa falls into the immediate relative category of immigration visas. It can be greatly beneficial to both the U.S. citizen child and the foreign citizen parent, giving them the legal opportunity to reside in the United States together.

As with all things that fall under the umbrella of immigration law, however, the pursuit of an immigrant visa can be challenging and lengthy. For this and so many other reasons, it is strongly recommended that you work with a knowledgeable immigration attorney for your immediate relative immigrant visa application.

The immigration law firm of Elizabeth Rosario Law, PLC. has extensive experience helping clients pursue legal permanent residency for themselves and their loved ones. Our legal team prides itself on providing helpful, compassionate legal representation to families overwhelmed by the complexities of the United States immigration system. To learn more about the legal services we offer, please contact our law office to schedule an in-depth case evaluation today.

What is the Green Card for Foreign-Born Parents?

The I-R5 visa is one of the several visa options reserved only for immediate relatives. As an immediate relative immigrant visa, it has no yearly caps and a shorter wait time for permanent resident card (green card) approval. A family immigrant visa from the Family Preference category, on the other hand, has yearly caps and longer wait times.

An I-R5 visa is available only to the parents of United States citizens. Once the applicant has finished the process and immigrated to the U.S., they will be granted lawful permanent residence in the country.

Parents of green card holders cannot apply for an I-R5 visa. However, parents of green card holders may still have hope of immigrating to the U.S. by other means through the Family Preference category of immigration visas.

What Are the Benefits of IR5 Visas?

I-R5 visas offer several benefits for parents from a foreign country.

The foreign parent is allowed to move to the United States and legally stay there where they can find employment (without the need for an Employment Authorization Document), seek an education, get healthcare, and enjoy the other benefits of lawful permanent residence. They may enjoy these freedoms without any restrictions imposed by their immigrant visa status.

Processing times can vary. It is important to begin the alien relative petition process right away. Speak with an immigration lawyer at our law firm to learn more.

What Are the Eligibility Requirements for the I-R5 Visa?

There are several requirements that must be met for a foreign parent to potentially qualify for an I-R5 visa.

For the citizen petitioner, these requirements include:

• The citizen child must have adequate income and show they are able to financially support their parents until they become self-sufficient.
• The citizen sponsor must live at a valid U.S. address.
• The U.S. citizen child must be at least 21 years old.
• There must be evidence of the parental relationship with the alien relative. This may be satisfied by supplying your original birth certificate.

For the foreign parent, the requirements include:

• Must be a foreign-born parent of a U.S. citizen.
• Must not have overstayed a prior visa.
• Must present evidence of the familial relationship with the U.S. citizen child. This may include the birth certificate of the child, plus anything else that may be used to establish an emotional or financial bond between the parent and child.

In cases of adoption and mixed families, stepchildren and adopted children can also sponsor their foreign parents.

What Documentation Must Be Filed with United States Citizenship and Immigration Services?

There are several necessary documents required for a successful I-R5 petition. These include:

• A valid passport with at least six months of remaining validity.
• Affidavit of Support.
• Approved Form I-130.
• Birth certificates in cases where the sponsor is the biological child or adoption papers in cases where they are not.
• Form DS-260.
• Police report showing any potential criminal records.
• Two 2×2 passport-style photographs of each foreign parent.
• Vaccination documents.

If there have been any changes to a legal name, proof must be provided. This may include providing evidence such as a divorce decree, adoption papers, court judgment of a name change, and a marriage certificate.

What is the Process Involving the National Visa Center?

Before reading further, remember that you do not need to go through these steps alone. This can all be a little overwhelming to read and even more difficult to put into practice. Hire an experienced immigration attorney to assist you through the application process to make things easier for everyone involved.

In the first step of the process, the U.S. citizen petitioner must submit Form I-130 (petition for alien relative) to the offices of United States Citizenship and Immigration Services. If the petition is approved, the foreign parent must submit Form DS-260, as well as any necessary supporting evidence, to the National Visa Center (NVC). The NVC will then review and process the documentation.

The foreign parents will then receive a notice about attending an immigrant visa interview. This interview will be conducted at their local U.S. Consulate or Embassy. It is absolutely vital that the foreign citizen parents arrive at the interview with all the necessary documents.

After the interview, you will receive a decision on whether or not the foreign parent has been approved for their I-R5 immigrant visa. If approved, they will be sent an official package, which cannot be opened until the foreign parent arrives at a legal U.S. point of entry, at which point an immigration official will open the package and review its contents.

Schedule a Consultation with a Lawyer for I-R5 Visas for Parents

If approved for an I-R5 visa, the foreign parent will be granted a green card, meaning that they have been given legal permanent residency in the United States. After a certain period, they may also be allowed to file to adjust status so that they may pursue the pathway to citizenship, too.

This process can be long and complicated. It is crucial that no mistakes are made, or else things may slow down or be denied outright. Working with an experienced immigration lawyer is the most surefire way to protect your interests and file a successful visa petition.

To speak with our legal team about your case, please call our law offices at 616-530-0101.