What IR-5 is
High confidence IR-5 (symbol IR5) is the immigrant visa classification for the parent of a U.S. citizen who is at least 21 years old. It is an immediate relative class under section 201(b) of the Immigration and Nationality Act (INA), and it lets the parent live in the United States as a green card holder (permanent resident).[1,6]
Immediate relatives include the spouse of a U.S. citizen, the unmarried child under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older. The number of immigrants in these classes is not limited each fiscal year, so your parent does not wait in line for a visa number.[2,3]
High confidence The process starts when you file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). Filing or approval of the petition does not by itself give your parent any immigration status or benefit; a parent is classified as IR5 only when USCIS or a consular officer approves a Form I-130 that establishes the child-parent relationship, and at the visa stage the consular officer must also be satisfied that your parent has the relationship claimed in the petition.[3,7,8]
Official classes on this page
| Symbol | Official class | Section of law |
|---|---|---|
| IR5 | Parent of U.S. Citizen at Least 21 Years of Age | INA 201(b) |
| VI5 | Parent of U.S. Citizen Who Acquired Permanent Resident Status under the Virgin Islands Nonimmigrant Alien Adjustment Act | INA 201(b) & Section 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act (Pub. L. 97-271) |
Who can file, and who counts as your parent
What you must prove depends on how you and your parent are related.
- You must be a U.S. citizen who is at least 21 years old. Only a U.S. citizen 21 or older may file a petition for a parent as an immediate relative; green card holders (permanent residents) may not petition for parents.[1,4]
- Your mother: a copy of your birth certificate showing your name and your mother's name. If her name on the birth certificate is different from her name on the petition, also submit evidence of the name change.[1,4]
- Your father, if you were born to parents married to each other: a copy of your birth certificate showing your name and the names of both parents, your parents' civil marriage certificate, and proof that any prior marriages of your parents legally ended.[1,4]
- High confidence Your father, if you were born out of wedlock: if he legitimated you before your 18th birthday (through your birth parents' marriage, or under the laws of your or your father's state or country of birth or residence), submit evidence of the legitimation. If not, you must show that he is your natural father and that an emotional or financial bond existed between you and him before you married or turned 21, whichever came first.[1,4]The regulation adds conditions for each way of legitimation; for example, a law of your father's place of residence counts only if he lived there while you were under 18. An immigration attorney can apply them to your facts.
- High confidence Your stepparent: your birth parent must have married your stepparent before your 18th birthday. Submit your birth certificate showing the names of your birth parents, the civil marriage certificate showing that the marriage took place before your 18th birthday, and any divorce decrees, death certificates or annulment decrees showing that earlier marriages of your birth parent or stepparent ended legally. Someone who became your stepparent when you were 18 or older is not your parent for immigration purposes.[1,3]
- Your adoptive parent: the adoption must have taken place before your 16th birthday, and the 2-year legal custody and residence requirements must be met. Submit a certified copy of the adoption certificate and a statement showing the dates and places you have lived together with your parent.[1,4]
- Your birth parent, if you were adopted: under the State Department's Foreign Affairs Manual, an adopted child (as the immigration law defines one) may not confer immigration benefits on a natural (birth) parent unless the adoption has been legally terminated. This is true even if you never received an immigration benefit based on the adoption.[3]After an adoption is terminated, the birth relationship is recognized only if further conditions are met; an immigration attorney can apply them to your facts.
What goes with Form I-130
- Form I-130 itself. In Part 4 (Question 61 or 62), choose exactly one option: your parent will seek adjustment of status inside the U.S. or consular processing abroad. Do not complete both questions and do not leave the section blank. USCIS rejects unsigned forms.[7]
- High confidence Proof of your U.S. citizenship. If you were not born in the U.S., USCIS asks for a copy of your Certificate of Naturalization or Citizenship or your unexpired U.S. passport. Other accepted proof includes a U.S. birth certificate, a Consular Report of Birth Abroad (Form FS-240), or an original statement from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.[1,7]
- High confidence Proof of any legal name change for you or your parent, such as a marriage certificate, divorce decree, adoption decree or court judgment of name change. When your parent's name is not on your birth certificate, evidence of the name change must accompany the petition.[1,4]
- Any document in a foreign language, for example a birth certificate issued in Chinese, needs a full English translation with the translator's certification that the translation is complete and accurate and that they are competent to translate into English.[7]
Fees
| Item | Amount | When it applies |
|---|---|---|
| Form I-130 | $675 paper / $625 online | Every parent petition, on either route |
| Form I-485 | $1,440 paper / $1,390 online | Parent adjusting status inside the U.S. |
| Form I-864 Affidavit of Support | $0 | No USCIS filing fee for this form |
| Form I-765 work permit | $260 | With a pending Form I-485 filed with a fee on or after April 1, 2024 (no fee if that I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024) |
| Form I-131 advance parole | $630 paper / $580 online | Travel while Form I-485 is pending (no fee if that I-485 was filed with its fee on or after July 30, 2007, and before April 1, 2024). Form G-1055 also lists a separate Public Law 119-21 parole fee that U.S. Customs and Border Protection (CBP) requires each time a person seeks parole at a port of entry, unless CBP determines that an exception applies |
| Immigrant visa application (State Department) | $325 per person | Parent applying at a U.S. embassy or consulate |
| Affidavit of support review (State Department) | $120 | Only when reviewed domestically |
| USCIS Immigrant Fee | $235 | Parent immigrating on an immigrant visa |
High confidence Each application or petition must include the correct fee unless you are exempt or eligible for a fee waiver; if the fee is incorrect, USCIS rejects it. Filing online often costs $50 less. Because each parent needs a separate Form I-130, petitioning for both parents means two I-130 fees.[3,5]
If your parent is in the U.S.
A parent who is in the U.S. may be able to get a green card without leaving by filing Form I-485 (adjustment of status). The requirements include: your parent was inspected and admitted or inspected and paroled (USCIS notes some limited exceptions); is physically present in the U.S. when filing; is the beneficiary of a Form I-130 that is approved, or that is pending or filed together with the I-485 and is ultimately approved; the relationship to you still exists; no applicable bar to adjustment applies; your parent is admissible (or eligible for a waiver or other relief); and your parent merits USCIS's favorable discretion.[2]
Because a visa is always available to an immediate relative, your parent's Form I-485 can be filed together with your Form I-130 (concurrent filing), while the I-130 is pending, or after it is approved and remains valid. Concurrent filing is only for an applicant who is physically present in the U.S.; it cannot happen in consular processing.[2,10]
Several bars to adjustment do not apply to an immediate relative such as a parent: having worked without authorization or otherwise violated the terms of a nonimmigrant admission, not being in lawful status on the filing date, having failed to keep lawful status continuously since entry, and having been admitted as a visitor under the Visa Waiver Program. Other bars still apply, for example to someone who was not admitted or paroled after inspection, entered in transit without a visa, or arrived as a crew member, unless they establish eligibility under INA 245(i).[11]Grounds of inadmissibility are a separate question from these bars. An immigration attorney can check both against your parent's history.
Your parent's I-485 package includes, among other documents, a copy of the Form I-797 receipt or approval notice for your I-130 (unless the two are filed together), Form I-864 or I-864EZ Affidavit of Support and, if required, Form I-693, the medical examination record. A required Form I-693 must be submitted with the I-485, or USCIS may reject the application.[2]
While Form I-485 is pending, your parent can apply for a work permit on Form I-765 and for an advance parole travel document on Form I-131. If your parent leaves the U.S. while the I-485 is pending without an advance parole document, USCIS generally treats the application as abandoned.[1,2]
If your parent is abroad
Petition goes to the NVC
When Form I-130 is approved and your parent lives outside the U.S. (or lives in the U.S. but wants to apply for the immigrant visa abroad), USCIS sends the approved petition to the State Department's National Visa Center (NVC). If your parent is outside the U.S., USCIS also notifies your parent to go to the local U.S. consulate to complete visa processing.[1,12]
Fees, documents, interview
The NVC collects the visa application fees and supporting documents. The consular office then schedules an interview and decides whether your parent is eligible for an immigrant visa. Contact the NVC if your parent's address or marital status changes.[12]
Arrival and green card
High confidence After the visa is issued, the USCIS Immigrant Fee is paid online. USCIS encourages paying it after picking up the visa and before leaving for the U.S., and it can also be paid after arrival. At the port of entry, your parent gives the unopened visa packet to the U.S. Customs and Border Protection (CBP) officer. If admitted, your parent is a permanent resident, and the passport stamp received on arrival proves they may work until the green card arrives. USCIS mails the green card only after the fee is paid.[1,12,13]
Your parent's spouse and other children
High confidence Nobody comes along on an IR-5 petition. A spouse or child of a parent approved as an immediate relative cannot get derivative status and needs a separate petition approved, so you file one Form I-130 for your mother and another for your father. If your parent's spouse does not qualify as your parent (for example, someone who married your parent when you were already 18), you cannot petition for that spouse; that spouse would need a separate Form I-130 in the family second preference category, which your parent can file after becoming a permanent resident.[1,3,4]
High confidence Your brothers and sisters cannot be sponsored on your parent's petition, but there are other routes. Once your parent is a permanent resident, your parent may petition for unmarried children under 21 (second preference, 2A) and unmarried sons and daughters 21 or older (2B). As a U.S. citizen 21 or older, you can also petition for your brothers and sisters yourself (fourth preference). In these preference categories, a visa becomes available according to the priority date, the date the I-130 was properly filed.[1,14,15]
Recent policy changes
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
I live outside the U.S. Where do I file Form I-130 for my parent?
A petitioner who lives outside the U.S. can file at the USCIS Chicago lockbox or online. Because the parent of a U.S. citizen aged 21 or older is an immediate relative, you may also request to file at a U.S. embassy or consulate, but only in the limited circumstances described in the USCIS Policy Manual (Volume 6, Part B, Chapter 3).[7]
My parents are visiting the U.S. on a visitor visa. Can they apply for a green card without leaving?
High confidence Possibly. A parent who was inspected and admitted, is physically present in the U.S. and meets the other requirements can file Form I-485, together with your Form I-130 if you have not filed it yet. As immediate relatives, parents are not barred from adjustment just because they are out of lawful status on the filing date or have not kept lawful status continuously since entry. They must still be admissible to the U.S. (or eligible for a waiver or other relief) and merit USCIS's favorable discretion.[2,11]Whether a particular trip or stay raises an admissibility or discretion question depends on the facts; an immigration attorney can apply the rules to your parents' case.
What if a parent is abused by their U.S. citizen son or daughter?
High confidence A parent abused by a U.S. citizen son or daughter who is 21 or older may file a self-petition on Form I-360 under the Violence Against Women Act (VAWA), without the abuser's knowledge, consent or participation; there is no filing fee for a VAWA self-petitioner. The parent must show they were subjected to battery or extreme cruelty during the relationship, live or have lived with the abuser, and are a person of good moral character. A parent living outside the U.S. when filing must also show that the abuser is a U.S. government employee or a member of the U.S. armed forces, or that the abuse happened in the United States. A self-petitioning parent cannot include derivative beneficiaries. Help is available from the National Domestic Violence Hotline at 800-799-SAFE (7233).[5,16]
When can my parent apply for U.S. citizenship?
Under the general naturalization rule, your parent needs at least 5 years of continuous residence in the U.S. after becoming a permanent resident, physical presence in the U.S. for at least 30 months of the 5 years before filing, at least 3 months of residence in the state or USCIS district before filing, and good moral character, along with the other naturalization requirements.[17]
Does an approved petition for my parent expire?
An approved immediate relative petition remains valid for the duration of your relationship to your parent and of your status as established in the petition, unless it is terminated under section 203(g) of the INA or revoked under the regulations (8 CFR part 205).[4]
What happens if the I-130 is denied?
You are told the reasons for the denial, and the denial letter explains how to appeal and how much time you have to file the appeal. Appeals of a denied Form I-130 go to the Board of Immigration Appeals (BIA) on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals, not on USCIS Form I-290B. After the appeal form and the required fee are processed, the appeal is referred to the BIA.[1,4,18]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.Bringing Parents to Live in the United States as Permanent Residents - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 2.Green Card for Immediate Relatives of U.S. Citizen - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 3.9 FAM 502.2 FAMILY-BASED IV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 4.8 CFR 204.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 5.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 6.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 7.I-130, Petition for Alien Relative - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
- 8.22 CFR 42.21eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 9.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 10.Concurrent Filing of Form I-485USCIS · Agency page · Checked Sep 27, 2026
- 11.8 CFR 245.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 12.Consular ProcessingUSCIS · Agency page · Checked Sep 27, 2026
- 13.USCIS Immigrant FeeUSCIS · Agency page · Checked Sep 27, 2026
- 14.Family of Green Card Holders (Permanent Residents) - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 15.Bringing Siblings to Live in the United States as Permanent Residents - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 16.Abused Spouses, Children and Parents - USCISUSCIS · Agency page · Checked Oct 18, 2026
- 17.8 CFR 316.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 18.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026