Hermin Dowe, Attorney at Law

Immigration Law

North Bay | Pleasant Hill | San Pablo


May 2nd, 2016 Leave a Comment


United States citizens are allowed to immigrate their parents to the U.S. by obtaining a visa.

Requirements of an IR-5 Visa

  1. The petitioner must be a U.S. citizen at least 21 years old.
  2. The American citizen petitioner must meet the minimum income requirement for an IR5 visa or have a qualified cosponsor.


U.S. Citizenship and Immigration Services (USCIS)

The IR5 visa petitions are filed at the USCIS Service Center for your area.  The Center which will process your IR5 visa petition is determined by the state in which you reside.  If there are missing documents or incorrect paperwork, you will receive a Request for Evidence (“RFE”).  Each RFE will delay the approval of your IR5 visa petition, and ultimately the approval and issuance of your IR5 visa, within 12 months.  All foreign documents should be translated into English.

National Visa Center (NVC)

When the USCIS has approved the IR5 visa petition, it is forwarded to the National Visa Center (“NVC”) where documents are reviewed and background checks are performed on both the American petitioner and the foreign parent.  The NVC then forwards the petition to the Consulate that will conduct the visa interview.

U.S. Embassy (Consulate)

The appointed U.S. Embassy or Consulate will conduct the interview on the date specified by NVC.  The foreign parent will be required to undergo a medical exam at a clinic specified by the Consulate.  If the foreign parent passes the medical exam and the interview is successful, the IR5 parent visa will be issued.

The things that can delay or prevent the issuance of the IR5 visa are:

  1. Missing documents
  2. Incorrect documents
  3. Documents completed incorrectly
  4. Submitting documents that are not issued by the appropriate authority (based on country requirements)
  5. Providing fraudulent information or documents
  6. U.S. citizen petitioner cannot meet the minimum income requirement a cosponsor is OK

All of the above can normally be avoided by hiring an immigration law firm with the experience that we have in handling these situations.


The IR5 parent will be able to work and travel immediately upon arrival in the U.S.

The IR5 parent will receive a 10 year green card (not a conditional green card) in the mail a month or two after their arrival in the U.S.

If you need assistance petitioning for your parent, we at Dowe Law would be happy to help.  Our main goal is keeping Families together. Give us a call at 510-233-7700 or email to had@dowelaw.com.


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