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IR5 Visa: Reasons For U.S. Parent Visa Denial

If you are considering bringing your parent(s) to live with you in the United States, you want to be sure that their journey goes as smoothly as possible on an IR5 parent visa. Taking precautionary measures and informing yourself is necessary. In order to fulfill the requirements and obtain a parent visa, there are things you should keep in mind. Visa denials are very common, so it is best to know what to expect.

1. Incomplete forms

When applying for a U.S. parent visa, there are quite a few forms that you need to fill out. These forms include the Form I-130, also known as the Petition for Alien Relative, Form I-864 (Affidavit of Support), Form DS-260 (Immigrant Visa Application), and the Form I-485 (Adjustment of Status) which is only relevant if your parent is already in the United States on a nonimmigrant visa. The Consular Officers will look at the forms and in case of any illogicalities, you may face visa rejection. Missing or falsified documentation won’t fly under the radar.

2. Failing to submit the proof of relationship

After submitting Form I-130, you’ll have to provide the supporting documentation. In some cases, a copy of your birth certificate will be enough to prove the parent-child relationship. However, depending on your circumstances, additional documents besides the form and birth certificate should be there. For instance, if you’re applying for a step-parent or adoptive parent, you’ll need your parents’ marriage certificate or your adoption certificate.

3. Overstayed previous visa

Immediate relatives of U.S. citizens are also subject to the laws regarding visa overstay. If your parent stayed in the U.S. longer than allowed in the past, that can be a problem. In case they overstayed their visa for up to one year, they are ineligible for a new visa for 3 years after departure from the United States. If they had overstayed for one year or longer, they’re considered ineligible for 10 years after their departure.

4. Ineligibility when sponsoring your adoptive parent or step-parent

The requirement is that you had to have been 16 years old or younger when they adopted you. It is also required that you and your adoptive parent have spent at least two years sharing the same household. If you were 16 or older when your parent adopted you, you are ineligible to sponsor them. If you’re sponsoring your step-parent and the marriage between your mother or father and the step-parent occurred after you turned 18, that also makes you ineligible to apply on behalf of your parent.

5. You got your U.S. citizenship through an adoption

Another important factor to consider is the way you obtained your U.S. citizenship. If you were born in a foreign country and adopted by a U.S. citizen and in that way acquired LPR status and eventually U.S. citizenship, you cannot sponsor your biological parent’s IR5 visa. You could petition in this situation if you terminate your adoption. In addition, you could become a spouse of a U.S. citizen and obtain a green card.

6. Insufficient financial means

You have to be able to financially support your parents once they arrive in the United States. You must prove your financial stability and meet financial requirements. To see if you qualify, check out our free eligibility checker.

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