Top 5 reasons for rejected Parent Visas

GovAssist Legal?specializes in U.S. immigration law, but also supports many nonimmigrant U.S. visa applications for foreign nationals. This article is part of a series responding to general, frequently asked questions from amongst our clients - and as such, does not include any legal advice.

Among the most common family-based Green Card paths is the Parent visa; many new U.S. citizens or Green Card holders want to have their close relatives nearby, and particularly if your parents are ageing, there might be a wide array of advantages to them moving to the U.S. with you.?

The IR-5 visa process is not very different from other family-based immigrant visas out there, but depending on your personal situation, all the paperwork and evidence gathering can be challenging. Today, let’s have a look at the most common reasons why IR-5 visa applications might get rejected - knowing what to expect is the first step to being prepared.

Incomplete or inaccurate application forms

There are several forms that need to be submitted and filled out correctly, consistently and completely as part of your IR-5 visa application. These include Form I-130 (Petition for Alien Relative), Form I-864 (Affidavit of Support), Form DS-260 (Immigrant Visa Application) and Form I-485 (Adjustment of Status), in case your parent is already in the U.S. on another visa type at the time of the application.

If any of these is filled incorrectly, this may cause your application to be rejected. The information provided also needs to be consistent across your different files - you would be surprised at how many times a simple typing error with no ill intent has lead to a denied visa.

Insufficient proof of relationship

When filing your I-130, you will also have to provide supporting documentation, such as a birth certificate. In many cases, the latter will be enough - but if you are applying on behalf of a step-parent or adoptive parent, you will have to provide some additional supporting evidence so that the relationship to you is clear. Think of marriage certificates, adoption papers and any other documentation that supports the relationship to your parent.

If any of this is missing from your application, the chances of it getting rejected from the get-go is quite high. Make sure you carefully revise the documentation you submit for accuracy and completeness - if any name changes occurred since the documents were issued, make sure you have supporting evidence for that too.

Your parent(s) overstayed their visa

If your parent overstayed a previous U.S. visa in the past, this would typically disqualify them from applying for a new one for a couple of years. If the overstay was less than 1 year, they would probably have to wait for at least 3 years before being allowed to apply again; for longer overstays the entry ban can be held up for as much as 10 years. An overstayed visa will always have a negative impact on future chances of visa approval.

You might not be eligible to sponsor your parent(s)

Particularly in the case of non-biological parents, certain restrictions may apply that bar you from sponsoring an immigrant visa application for them. If you were adopted for instance, you can only sponsor your adoptive parents if your were younger than 16 when your were adopted, and if you have spent at least 2 years with your parent in the same household.?

For a step-parent, they need to have married your parent before you turned 18 for you to be eligible to file a petition on their behalf.

Of course, you will need to provide evidence that supports your eligibility according to the criteria above. Apart from official documentation, think of adding family pictures to showcase your life together, for example, or any relevant correspondence between you.

An important note is that if your were adopted, and obtained U.S. citizenship through your adoption, it is not possible to petition an IR-5 visa for your biological parents unless your adoption was nullified.

You don’t have sufficient financial means

As part of the IR-5 application process, you will be filing an Affidavit of Support (I-864) declaring that you will support your parent(s) financially upon their arrival in the U.S., and will have to demonstrate that you have the means to do so. You will have to provide paychecks, bank statements or other documentation to support your petition, and depending on your location, the required amount per applicant might vary.

If you have a had an IR-5 visa application rejected, or are preparing to file one and are not sure if your file is as strong as it could be - reach out to one of our experienced visa and immigration professionals and set yourself up for success.