What Are The Unique Condition For An IR-5 Visa?

Alberto Salinas No Comments IR-5 Visa

After the work visa, the next demanded Visa across the globe for living in the U.S. legally is Immediate Relative Visa (IR Visa). The U.S. Government issues IR Visas to bring loved ones close to you and live with you in the U.S.

IR Visas allow U.S. Citizens to bring their parents, kids, siblings, and relatives to the U.S. to live with them and work legally in the U.S.

In this blog, we will walk you through the special requirements for an IR-5 Visa issued by the U.S. Government.

What is an IR-5 Visa?

IR-5 Visa is a Family-based Immigrant Visa, allowing U.S. Citizens' parents to become permanent lawful residents of the U.S. U.S. citizens' parents can live and work legally in the U.S. without an Employment Authorization Document (EAD).

IR-5 Visa has no annual cap or limit, so you don't have to wait for priority dates after applying. You can get your IR-5 Visa smoothly, provided you meet all the eligibility criteria, submit the required forms, documents, & evidence, and have a successful interview.

Check out our blog to read the entire process to obtain an IR-5 Visa - A COMPREHENSIVE GUIDE FOR OBTAINING AN IR-5 VISA.

At Salinas Law Firm, we have the top Immigration Lawyers in Houston. We have successfully helped 100s of parents obtain IR-5 Visa by taking care of the required paperwork and guiding them through the interview. We stay in touch with them to help them with any legal matters to ensure they have peace of mind stay in the U.S.

In this blog, we will walk you through the special requirements of an IR-5 Visa and what the packet contains that applicants receive after their Visa Application is approved post-interview at the Embassy or Consulate office.

Looking for the best immigration lawyers in Houston? Salinas Law Firm offers unparalleled expertise and compassionate guidance in immigration law. Our dedicated team ensures your case receives the attention it deserves, helping you navigate through complex legal processes with ease and confidence.

Special Requirements for IR-5 Visa

The IR-5 Visa has multiple requirements for supporting evidence, depending on the parent and circumstances of the sponsor's birth, whether the birth occurred when the parents were married (in wedlock) or unmarried (out of wedlock).

Scenario 1:

If the sponsor's mother is applying from outside the U.S., the sponsoring child must submit the following documents:

A copy of the sponsor's (U.S. Citizen) Birth Certificate, which has their name and the mother's name.
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.

Scenario 2:

If the sponsor's (U.S. Citizen) father is applying from outside the U.S., the sponsoring child must submit the following documents:

A copy of the sponsor's (U.S. Citizen) Birth Certificate, which has their name and the parent’s names.
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.
A copy of their parent's Civil Marriage Certificate (Marriage Proof)

Scenario 3:

If the father of the sponsoring child lives outside the U.S. and the child (sponsor) was born out of wedlock and was not legally recognized (legitimated) by their father before their 18th birthday, then the sponsoring child must submit the following documents:

A copy of the sponsor's (U.S. Citizen) Birth Certificate, which has their name and the father's name.
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.
A piece of evidence stating that an emotional or a financial bond existed between the sponsoring child (U.S. Citizen) and their father before the child was married or reached 21 years of age (whichever came prior).

Scenario 4:

If the father of the sponsoring child lives outside the U.S. and the child (sponsor) was born out of wedlock and was legally recognized (legitimated) by their father before their 18th birthday, then the sponsoring child must submit the following documents:

A copy of the sponsor's (U.S. Citizen) Birth Certificate, which has their name and the father's name.
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.
A piece of evidence that the sponsoring child (U.S. Citizen) was legitimated before their 18th birthday through natural parent's marriage, birth state or country laws, or father's birth state or country laws.

Scenario 5:

If the sponsoring child wants to bring stepparents to the U.S., the sponsoring child must submit the following documents:

A copy of their birth certificate, having the names of their birth parents.
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.
A copy of the Civil Marriage Certificate of birth parent & stepparent will prove that the marriage occurred before the sponsoring's child (U.S. Citizen) 18th Birthday.
A copy of Divorce Decrees, Annulment, or death certificate as a piece of evidence that any previous marriage entered into by the sponsoring's child natural parent or stepparent has ended legally.

Scenario 6:

If the sponsoring child wants to bring adoptive parents to the U.S., the sponsoring child must submit the following documents:

A copy of their birth certificate
A copy of their Naturalization Certificate or a copy of their U.S. passport if they were not born in the U.S.
A legitimate copy of the adoption certificate indicating that the adoption took place before the sponsoring's child's (U.S. Citizen) 16th Birthday.
Pieces of evidence with places and dates signifying the time the sponsoring child has lived with their parents.

Conclusion

After going through the blog, you will have clarity regarding special requirements in different scenarios to obtain an IR-5 Visa. However, if you have questions or doubts regarding IR-5 Visa or want an IR-5 Visa, contact us for a consultation by scheduling an appointment at 713.518.1711, and our Immigration Attorney will assist you.