Bringing Your Parent to the U.S.: Steps for Obtaining an IR-5 Visa

The United States government offers a special process that enables parents of children who are U.S. citizens to immigrate to the United States and also enables them to work here. The government recognizes that bringing parents to the United States can benefit everyone by providing greater family unity, safety, work opportunities, and peace of mind.  If you are a U.S. citizen, at least 21 years old, and both you and your parents are eligible and admissible, your parents can apply for an IR-5 visa that allows them to enter the United States, as well as providing a green card that gives the parent lawful permanent residency status and the ability to work once they arrive.

However, the process of applying for the visa is complicated and requires gathering necessary information and documents and filling out forms correctly, or the visa will be delayed or denied. To expedite the process and handle procedures, it can help to have guidance from an experienced immigration attorney who can make sure everything is done properly and advocate for your rights and those of your parents.

Why Choose Our IR-5 Visa Attorney?

When trying to obtain an IR-5 visa, you should seek an attorney with the necessary skills to make sure your parents meet qualifications, fill out documents correctly, and deal with problems and delays that may arise. Here are some reasons to choose Carman Fullerton to represent you:

  • We are experienced and know the ins and outs of immigration law and the legal system. Attorney Kirby Fullerton and Attorney Dan Carman have many years of experience successfully representing clients before the immigration courts and the Board of Immigration Appeals.
  • We are bilingual.  Our staff and attorneys speak Spanish and accommodate speakers of other languages as well.
  • We are recognized in our field. Dan Carman is a member of various local and national Bar Associations and has previously been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers.
  • We are available 24/7 for client emergencies.

How to Bring Your Parents to the US

The Immediate Relative (IR) family-based visas are designed to provide foreign-born parents of U.S citizens a pathway to becoming lawful permanent residents. In addition to living here, this parent visa can enable the beneficiary to work legally in the United States without an employment authorization document (EAD).  Typically, the entire process of applying for and receiving the IR-5 visa takes up to a year, and U.S. Citizenship and Immigration Services (USCIS) immigrant fees are involved.

Bringing your parent to the U.S. as a permanent resident with an IR-5 visa, involves taking the following steps:

1. Confirm eligibility: You must be at least 21 years old and able to prove your relationship with your parent. To prove a parent-child relationship, you may provide the following documents.

  • Birth certificate that should include your name, date and place of birth, and the names of both parents.
  • Alternative documents might be two or more affidavits of birth (sworn letters written by relatives or other persons with personal knowledge of the facts of a child’s birth), as well as hospital records, medical records, school records, and religious records (such as certificate of baptism issued by a church) showing the names of the mother and the child.
  • Court-approved adoption papers or letters of guardianship or court child support orders showing who your parents are.

If you have unique family relationships, you may have to provide additional evidence. Examples of such situations include:

  • A child born to unmarried parents is often referred to as “illegitimate,” and the U.S. government will want to see further evidence that the person named as the child’s father is truly the father. Even if born to married parents, you’ll need to prove this fact, most often by a marriage certificate. The U.S. government will likely recognize the marriage if it was already recognized by the country where the marriage took place, unless it is in some way contrary to the laws here.
  • For fathers with a child born outside of marriage, the U.S requires proof of legitimization or evidence of a personal relationship with the child before they turned 21. The names of both the father and the mother (not just the father) must appear on any acceptable birth certificate.
  • For mothers with children born outside of marriage, alternative documents or blood tests may be requested.

In complex cases, DNA testing from an accredited laboratory may be requested as definitive proof of a biological relationship.

2. File Form I-130: You must submit Form I-130 (Petition for Alien Relative) to USCIS with supporting documents to prove that you, the sponsor, are a U.S. citizen, are at least 21 years of age, and that the relationship with your parent is legitimate.  With this form, you generally must include:

  • Filing fees
  • Two identical, passport-sized photos each of the sponsor/petitioner and beneficiary
  • Copy of sponsor’s naturalization certificate or birth certificate
  • Sponsor’s U.S. passport
  • Proof of any name changes.

Once the I-130 is approved, if the parent beneficiary is outside of the United States, the USCIS will send the application to their country’s local U.S. embassy or consulate for consular processing.

3. File Form I-864: After the I-130 has been approved and been confirmed by the National Visa Center (NVC), Form I-864 (Affidavit of Support) must be submitted to prove financial responsibility and that your parents are not likely to rely on the U.S. government for financial support.

4. Complete Form DS-260 and DS-261: Once you receive an immigrant visa number from the NVC, he parent applicant must fill form DS-261 on the U.S. State Department’s Consular Electronic Application Center website and form DS-260 (Immigrant Visa Electronic Application) the green card application for the consular filing process and pay required fees.

5. Undergo medical examination and vaccinations: Parents must complete required medical exams and receive necessary vaccines.

6. Compile supporting documents: Gather required documents that include:

  • Two passport photos of each parent
  • Valid passports for each parent
  • Proof of birth certificate
  • Confirmation page of Form DS-260 
  • Signed Form I-864, or Affidavit of Support
  • Medical exam report
  • Vaccination documents
  • Military records, if applicable
  • Marriage certificate, if applicable
  • Adoption documents, if applicable .

7. Go to medical examination and biometrics appointment: The parent must have a medical examination by a government-authorized doctor and submit a sealed envelope containing the medical records to the USCIS, unopened. At the biometrics appointment, the parent provides fingerprints, photograph, and signature to confirm their identity, check their eligibility, and ensure that immigration benefits are given to the correct person.

8. Attend green card visa interview: The parent participates in an interview at the U.S. Embassy or Consulate conducted by a USCIS officer, typically 7 to 15 months after the initial filing. This is to verify that all the information on their application is accurate and valid. The USCIS will process the petition and may send it to the Department of Homeland Security for a background check, if necessary.

9. Receive decision on visa: If approved, the parent receives the IR-5 visa package and can travel to the U.S. and await the arrival of their green card.

How an IR-5 Attorney Can Help

While it is possible to apply for any visa on your own, the IR-5 application process is complicated, especially for non-English speakers, and it is easy to make mistakes that will prevent your parents from being able to live in the United States.  For example, if you fail to prove the parent-child relationship, or if birth certificates or adoption papers are missing, inconsistent, or incomplete, the application may be delayed or denied.

For your own peace of mind, work with an experienced IR-5 attorney who can evaluate your eligibility, assess whether you and your parents meet all requirements, and guide you through the application process. Your attorney can help you fill out all forms and gather and review all necessary documents to make sure they are complete and accurate.

When you have the experienced visa attorneys at Carman Fullerton helping you, we will:

  • Meet with you to evaluate your individual situation and that of your parents
  • Explain all immigration laws and requirements for getting the IR-5 visa
  • Ensure you fill out forms correctly and submit them on time with all required documents to help expedite the process
  • Represent you and handle communications with immigrations authorities should issues arise
  • Prepare you for visa interviews so you know how to answer questions and have needed documentation
  • Assist in scheduling and preparing you for the biometrics appointment
  • Help with English for speakers of foreign languages
  • Appeal and reapply for your visa if your application is denied
  • Provide legal protection and prevent delays by ensuring that all paperwork is accurate, complete, and done in a timely manner.

WE ARE DEDICATED TO PROVIDING THE HIGHEST LEVEL OF SERVICE

Get Help from Our IR-5 Visa Lawyer in Kentucky

While every immigration case is different, the experienced immigration lawyers at Carman Fullerton in Lexington, Kentucky, have the skills and experience necessary to help you obtain an IR-5 visa for your parents. In every case, we take the time to carefully evaluate our clients’ situations, thoroughly describe their immigration choices, and expertly lead them through the application process, including scheduling a consular interview.

Call us today to get started so we can help ensure that your application will be successful and your parents will soon be joining you in the United States.

GET STARTED NOW. CALL 859-971-0060

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