If you are a U.S. citizen whose parents are in another country, there is a process in place that allows you to bring them to the United States so that they can live with you. This process is known as the IR-5 visa path. While this option is open to anyone, only those individuals who meet specific criteria will be successful in their efforts.
Core Eligibility Factors
Before an individual can move deeper into the visa processing pathway, the government requires that the U.S. citizen meet a certain set of core eligibility factors. One of these requirements is that the applicant has the financial means to support the parents in the event they choose not to work or will need some time to find employment.
A review of your income statements, assets, and possibly outstanding obligations will be assessed to make this determination. Keep in mind, the above represents just one of the requirements. You should speak with an attorney to learn more about what other factors are entailed.
Proof of Relationship
You likely have no question that your mother and father are your parents, but you must keep in mind that the government will require proof of this relationship before an IR-5 visa can be extended. Generally, this proof begins with an application you submit that is forwarded to the consular processing center in the location of your loved ones' home.
As part of the processing, birth and other records are reviewed for legal proof that the individuals are your parents by way of birth, marriage, or adoption. If the location of the visa applicants is in a remote area or one with a limited records database, this step may be lengthy.
Foreign Applicant Criteria
In the same manner that you must meet certain eligibility factors, your parents must also meet certain requirements. First, the parent must be eligible for a green card to be approved. In addition to proving the relationship, a background check will be performed.
If there are any previous convictions, particularly for violent crimes, the visa may be denied. If the individual has a history of entering the United States illegally, their application could also be denied. Keep in mind, if your parent is already in the United States legally, the process may be shorter.
If want to bring your parents to America from another country, sit down with a family immigration attorney to discuss your qualifications and for assistance with moving forward with the visa process.
Share20 January 2022
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.