Received Your IR5 Visa? Get Expert Immigration Lawyer Advice Before Travel

What Is an IR5 Visa and Who Qualifies?

The U.S. Department of State identifies IR-5 as the immigrant visa classification for a parent of a U.S. citizen who is at least 21 years old.

IR-5 is an Immediate Relative visa category, meaning it is not subject to annual numerical limits. The US citizen must file a separate immigrant visa petition for each parent. Once the parent receives an IR5 immigrant visa and is admitted to the United States by Customs and Border Protection, they become a lawful permanent resident and can live and work in the country.

The U.S. Department of State classifies IR5 as the visa for a “parent of a U.S. citizen at least 21 years of age”. It also confirms that the number of immigrants in Immediate Relative categories is not limited each fiscal year. However, you must petition separately for each parent.

Under this IR5, the applicant can enjoy the privilege of not having to wait until their application becomes current. Once admitted to the United States as a lawful permanent resident, an IR5 visa holder can live and work in the country without needing a separate Employment Authorization Document (EAD).

Parents who have minor children abroad can not bring their children with them on this IR5 visa.  Instead, the U.S. Citizen will need to apply for an F4 (Sibling Visa) and petition for their green card separately. It should be noted that F4 visas are not immediate relative green cards and are therefore subject to a yearly limit.

What Should I Do After My IR5 Visa Is Approved?

Your next steps after IR5 visa approval are to check your passport, complete the required USCIS payment and prepare for travel. Before leaving for the United States, make sure you have completed the following:

• Check your immigrant visa: Confirm that your name, passport details and other information are correct. Contact the issuing embassy or consulate immediately if you find an error.

• Pay the USCIS Immigrant Fee: Pay after receiving your immigrant visa and preferably before travelling.

• Check the expiry date: You must enter the United States before the expiry date printed on your visa.

• Prepare your travel documents: Keep your passport and any sealed immigrant visa packet in your hand luggage.

• Confirm your US mailing address: Check that USCIS has the correct address for delivering your Permanent Resident Card.

Your immigrant visa is generally valid for up to six months after issuance, but an earlier medical examination expiry date can shorten this period.

What Documents Should I Carry When Travelling to the US?

As tempting as it might be to open the sealed packet, it is crucial that you keep it unopened.  This packet will be handed to immigration officials at a U.S. port of entry when you arrive. Do not open a sealed immigrant visa packet. If it has been opened accidentally, contact the embassy or consulate that issued your visa for instructions before travelling.

Your packet will be labeled with your name and any other biographical data on the outside and will contain the following required documents inside:

• A copy of your IR5 visa application
• A copy of your medical exam
• Copies of your I.D.
• I-864 (Affidavit of Support) and any other supporting financial documents
• Documents supporting your relationship to the U.S. citizen such as a birth or adoption certificate
• Any other information and supporting documents that are deemed important to your immigrant visa application.

If you accidentally or intentionally open the packet, you must return it to your local U.S. embassy or consulate and ask them to reseal it.  Keep this packet on hand with you (along with your X-rays) as you will need to submit it to immigration services.  Do not pack it in checked baggage where you will not have immediate access to it.

What Happens When I Enter the US on an IR5 Visa?

When you arrive in the United States, you will present your passport containing the IR5 immigrant visa and any sealed packet that the embassy or consulate instructed you to carry.

A Customs and Border Protection (CBP) officer will inspect your documents and decide whether to admit you. Having an immigrant visa does not automatically guarantee admission.

If you are admitted as a lawful permanent resident, CBP will endorse your immigrant visa. Where the required temporary I-551 wording appears, your endorsed immigrant visa serves as temporary evidence of permanent residence and employment authorisation for one year from endorsement.

You become a lawful permanent resident when you are admitted to the United States, not when your physical Green Card arrives.

What happens if my parent applied from within the U.S.?

A parent who is eligible to apply for permanent residence from inside the United States may use Form I-485 to request Adjustment of Status. This is a separate process from receiving an IR5 immigrant visa through consular processing abroad.  This can be done if the applicant has entered and is currently living in the U.S. under a valid visa.  For example, if your parent has entered the country illegally or overstayed their visa, he/she may be ineligible for adjustment of status.  If this is the case, contact an immigration attorney who can offer you expert legal advice.

While your parent is waiting to become a permanent resident, they are eligible to apply for both employment and travel authorization while their case is pending. To do this, he/she must fill out Form I-765 (Application for Employment Authorization) and Form I-131 (Application or Travel Document). Forms I-765 and I-131 generally require separate filing fees when submitted with Form I-485, unless the applicant qualifies for a specific fee exemption or waiver.

How Long Does It Take to Receive an IR5 Green Card?

The time it takes for you to receive your permanent residence card will depend on whether or not you paid the immigrant visa fee and when you entered the country.

According to USCIS, if you pay the Immigrant Fee before entering the United States, it may take up to 90 days from your date of entry to receive your Permanent Resident Card.

If you pay the USCIS Immigrant Fee after entering the United States, USCIS says it may take up to 90 days from the date of payment to receive your Green Card.

USCIS confirms that it will not issue your Permanent Resident Card until the USCIS Immigrant Fee has been paid. You can complete the payment through the official USCIS Immigrant Fee portal.

Again, the card processing will begin as soon as payment for the immigrant visa fee has been received.  When fully finished, the card will be sent to you at the U.S. mailing address specified by you on the DS-260 form which you initially filled out to complete your IR5 visa.  If you do not receive your card during this or if you change addresses, you should notify USCIS by going online to their website or contacting them at their National Customer Service Center number, (800) 375-5283.  Make sure to have your receipt number and immigrant visa number available when calling in in order to verify your visa case.

IR5 Visa Fees: How Much Is the USCIS Immigrant Fee?

For parents who receive their IR5 immigrant visa through consular processing abroad, the main USCIS payment required after visa issuance is the USCIS Immigrant Fee.

If lawfully present in the U.S. when your green card was approved, you will need to pay:

For IR5 applicants who completed consular processing abroad, the USCIS Immigrant Fee is currently $235 under the published USCIS fee schedule. Other expenses may include flights, accommodation and relocation costs. Applicants should confirm the applicable fee before making payment.

If you were approved for your IR5 visa abroad, your fees may include:

• Cost of travel
• Cost of setting up residence
• USCIS Immigrant fee: $220

If you do not pay the USCIS immigrant fee, your permanent resident card will not be processed.  Therefore, it is important to pay this fee as soon as possible to avoid any delays.

When Do I Become a Permanent Resident After Entering the US?

You officially become a lawful permanent resident when you are admitted into the United States using your IR5 immigrant visa. You do not need to wait for your physical Green Card to arrive before gaining permanent resident status.

Your endorsed immigrant visa generally serves as temporary evidence of your status for up to one year. During this period, you can use it to demonstrate your right to live and work in the US while USCIS processes and delivers your permanent resident card.

How Do I Get a Social Security Number After Entering the US?

If you requested a Social Security Number (SSN) when completing Form DS-260, the Social Security Administration can issue your number after you enter the United States. Your Social Security card will normally be mailed to the US address provided in your immigrant visa application.

If you did not request an SSN during the application process, you can apply through your local Social Security office after arriving. Having an SSN will help you work, pay taxes and access essential financial services in the United States.

What Happens If My IR5 Visa Expires Before I Travel?

You must enter the United States before the expiry date printed on your IR5 immigrant visa. Immigrant visas generally cannot be extended, and you should not attempt to travel using an expired visa.

If your visa expires before you can travel, contact the US embassy or consulate that issued it for guidance. You may need further processing or a replacement immigrant visa before you can enter the country. An immigration lawyer can help you understand your options and any potential complications.

What Should I Do If My Green Card Does Not Arrive?

If your Green Card does not arrive within the expected timeframe, first check that you have paid the USCIS Immigrant Fee and that your US mailing address is correct. USCIS may take up to 90 days to deliver your card, depending on when you paid the fee.

If this period has passed, contact USCIS to enquire about your card. You should also report any change of address to avoid further delivery delays. Keep your immigrant visa information and payment confirmation available when making an enquiry.