Foreigners need immigrant visas to live permanently in the United States. One of the popular categories of immigrant visas is family-based visas. To apply for a U.S. family visa, a foreign citizen must have a sponsor—an immediate relative who is either a U.S. citizen or a Lawful Permanent Resident (LPR).
There are two primary subcategories of family immigrant visas:
These are for close family members of U.S. citizens, such as a spouse, child, or parent. The number of visas in this category is unlimited each fiscal year.
These are for extended relatives of U.S. citizens and LPRs. The number of visas issued under this category is limited each fiscal year.
One of the family-based visas is the IR5 visa which allows U.S. citizens to bring foreign-born parents to the United States to become permanent residents.
To be eligible for an IR5 visa, the following conditions must be met:
U.S. citizens and LPRs must start the process for a family-based visa by submitting Form I-130 - Petition for Alien Relative to U.S. Citizenship and Immigration Services (USCIS). Once approved, the case is sent to the National Visa Center (NVC).
After the petition is approved by USCIS, the case moves to the NVC for pre-processing. The NVC will send a Welcome Letter containing instructions to log in to the Consular Electronic Application Center (CEAC), where applicants can manage their cases, submit forms, and track their visa status.
To continue the family immigrant visa process, applicants must pay certain fees. The U.S. parents visa cost includes: Form I-130 filing fee ($535) and IR5 visa application processing fee ($325). Additional costs may include medical exams, which vary by location. These fees must be paid through CEAC before proceeding to the next steps.
The sponsor must complete Form I-864 - Affidavit of Support, accepting financial responsibility for the visa applicant. This document ensures that the applicant will not depend on the U.S. government's assistance.
Sponsors and applicants must gather financial documents such as tax returns, pay stubs, and proof of assets. These documents will demonstrate the sponsor's financial ability to support the applicant.
Once fees are paid, applicants must complete the DS-260 Online Immigrant Visa Application. This form is for all family members seeking immigration under the family-based visa category.
After completing the DS-260 Immigrant Visa Application, you and each family member immigrating with you must collect the necessary civil documents to support your family immigrant visa application. These documents are essential for demonstrating your identity and eligibility for the visa. Common civil documents include birth certificates, marriage certificates, police certificates, and proof of relationship. If any of the civil documents are not in English or the official language of the country where you are applying, they must be accompanied by a certified translation.
The collected documents must be scanned and uploaded through the Consular Electronic Application Center (CEAC) system. Following the specific IR5 visa requirements for document size and format is important.
Here are the essential guidelines to follow when scanning and submitting your documents:
After the NVC completes the document review, it schedules an interview at a U.S. embassy or consulate. These preparations are essential for your family-based visa application and can affect the approval of your visa.
You and any family members immigrating with you must undergo a medical examination conducted by an embassy-approved doctor (also known as a Panel Physician). The medical exam is mandatory for all family immigrant visas, including parents visa.
In most cases, applicants must register for courier services to receive their visa and passport after approval. Your appointment letter will provide instructions on how to register for this service. Follow these instructions carefully to ensure you receive your visa documents promptly after the interview.
Regardless of age, every visa applicant must bring certain documents to the interview. These include original and certified copies of civil documents previously uploaded to the Consular Electronic Application Center (CEAC) during earlier steps of the U.S. family visa application process.
Here's a checklist of documents you must bring to your interview:
On the scheduled date of your immigrant visa interview, you must appear at the U.S. Embassy or Consulate with the required documents.
A U.S. consular officer will conduct the interview and assess whether you are eligible to receive a family-based immigrant visa, such as the IR5 visa or any other family immigration visa. During the interview, the officer will collect your ink-free, digital fingerprints as part of the screening process.
If you cannot attend your scheduled interview, contact the U.S. Embassy or Consulate as soon as possible to reschedule. Failing to appear for the interview or contact the embassy within one year of receiving the interview appointment could result in the termination of your visa application, and any fees paid will not be refunded.
Once your interview is complete, the consular officer will either approve or deny your visa based on your eligibility for a family immigrant visa. If approved, you receive instructions on how and when to expect your passport with the visa.
Your approved family-based visa will be placed on a page in your passport. Carefully review the visa immediately to ensure all details, such as name and date of birth, are correct. Any errors should be reported to the embassy or consulate promptly for correction.
Before you can travel to the U.S., you must pay the USCIS Immigrant Fee to USCIS. This fee covers the processing of your immigrant visa packet and the production of your Green Card once you enter the U.S. You can pay the fee online through the USCIS website after your visa is approved but before you travel to the U.S.
If your visa is denied, the consular officer will inform you of the reason for ineligibility. Not all applicants meet the criteria for a family immigration visa, and various factors, such as previous immigration violations or criminal history, can result in ineligibility. In some cases, U.S. law permits applicants to apply for a waiver of ineligibility. If you are eligible for such a waiver, the consular officer will guide you on how to proceed with the waiver application.
In certain situations, your visa application may be under administrative processing, which involves additional background checks or verifications. However, this refusal is temporary, and once the processing is complete, the officer may approve your visa if you satisfy all the requirements.
Visit the official website of the U.S. Department of State - Bureau of Consular Affairs for more information on how to secure a family visa.
Carefully completing each step of the U.S. family visa application process increases your chances of reuniting with your loved ones in the United States.
Subscribe to our webinar updates and get the latest information delivered to your inbox.
