IR5 Visa for Parents of U.S Citizens: Simplified

To sponsor a parent for a green card, the sponsoring child must demonstrate they have sufficient financial resources to prevent their parent from becoming a public charge. Below are the key financial requirements and options if the sponsor’s income falls short.

Income Guidelines for Sponsors

The sponsoring child’s income must meet or exceed 125% of the Federal Poverty Guidelines for their household size, including:

• The sponsor, their dependents, and the parent(s) being sponsored.
• Any joint sponsors (if applicable).

Example: If the household size is 4 (including the sponsor, one dependent, and both parents being sponsored), the total income must meet the 125% guideline for a family of four.

If the sponsor’s income is insufficient, they can:

1. Use Assets: Include personal assets (such as savings, real estate, or stocks).
2. Seek a Joint Sponsor: A joint sponsor with sufficient income can file an additional Form I-864.

Form I-864: Affidavit of Support

The sponsor must complete Form I-864, Affidavit of Support, demonstrating their financial ability to support the parent. This form is a binding legal document that ensures the sponsor will financially support the parent if necessary.

Using Assets to Meet Income Requirements

If the sponsor’s income is below 125% of the Federal Poverty Guidelines, assets can make up the shortfall. To qualify:

• Total net assets must be five times the difference between the sponsor’s income and the 125% guideline.
• Assets must be readily convertible to cash within 12 months.

Example: If the sponsor’s income falls $10,000 short, their assets must total at least $50,000.
Acceptable assets include:

• Savings accounts or investments
• Real estate equity
• Vehicles (if not essential for daily use)

Sponsoring elderly parents requires planning for healthcare and travel needs. The U.S. healthcare system can be costly, and frequent travel abroad could jeopardize their green card status.

Healthcare Insurance in the U.S. for Elderly Immigrants

Newly arrived immigrant parents often do not qualify for Medicare right away. Below are some healthcare options to explore:

Medicare Eligibility

• Medicare is a federal health insurance program for individuals aged 65 or older. However, to qualify, beneficiaries typically need 40 quarters (10 years) of payroll tax contributions in the U.S.
• Elderly parents can only apply for Medicare after five years as permanent residents. After this period, they may qualify for Medicare Part A (hospital insurance) and Part B (medical insurance), but they may need to pay higher premiums if they haven’t accumulated the necessary work credits.

Private Health Insurance Options:

Before they are eligible for Medicare, parents may need to purchase private health insurance:

• Marketplace Plans (Affordable Care Act): Immigrant parents can purchase insurance through the Health Insurance Marketplace. Depending on household income, subsidies may be available to reduce premiums.
• Short-Term Health Insurance: Offers temporary coverage but often excludes pre-existing conditions.
• Medigap or Medicare Advantage Plans: Once parents are eligible for Medicare, these plans offer additional coverage, but they involve extra premiums.

Medicaid for Low-Income Immigrants

Some states offer Medicaid for low-income elderly immigrants, but eligibility criteria and benefits vary by state. Waiting periods may also apply to new immigrants.

Long-Term Care (LTC)

Long-term care, such as nursing home care, is not covered by Medicare. Medicaid may cover long-term care for those who qualify but there are strict eligibility requirements including income and asset limits.

Who Pays for Healthcare?

Healthcare costs are generally the responsibility of the parent or family. Here are possible sources of funding:

1. Parent’s Savings or Income: Personal savings, pensions, or other income sources can be used to cover healthcare expenses.
2. Sponsor’s Financial Responsibility: The sponsoring child is legally bound by the Affidavit of Support (Form I-864) to ensure the parent does not rely on public benefits.
3. State and Federal Programs: Depending on income and residency status, the parent may qualify for Medicaid or other state-level healthcare assistance.

Tip: It’s crucial to plan ahead for healthcare expenses, as sponsors may be held financially responsible if parents incur medical debt they cannot pay.

Travel Concerns and Risk of Green Card Abandonment

Homesickness is common for elderly immigrants and many want to travel back to their homeland periodically. However, this can have serious implications for their U.S. immigration status.

Maintaining Permanent Resident Status

A green card holder must reside in the U.S. as their primary residence. If a parent stays outside the U.S. for an extended period, immigration officials may assume they have abandoned their permanent residency.

• Absences of 6 months or more can raise red flags during reentry.
• Absences of 12 months or more are generally presumed to be abandonment unless the parent can prove they intended to maintain U.S. residency.

How to Avoid Abandoning Permanent Residency

• Apply for a Reentry Permit:
  • If the parent is going to be outside the U.S. for an extended period they should apply for a reentry permit before leaving. This permit allows them to be outside the U.S. for up to two years without being considered to have abandoned their green card.
  • Note that a reentry permit does not guarantee reentry and each time the parent returns to the U.S. they may be questioned about their intent to maintain permanent residency.
• Returning Resident Visa (SB-1):
  • If the parent remains outside the U.S. for more than a year without a reentry permit, they may need to apply for a Returning Resident Visa (SB-1) to regain entry as a permanent resident.
  • This process is complex and requires the parent to demonstrate extenuating circumstances that prevented their timely return.

Impact of Travel on Naturalization Eligibility

• Extended absences can also affect the parent’s eligibility for U.S. citizenship. To apply for naturalization, the parent must maintain continuous residence in the U.S. for at least 5 years.
  • Absences of 6 months or more can disrupt the required continuous residence.
  • If disrupted, the parent’s naturalization eligibility will reset, delaying their ability to apply for citizenship.
  Pro Tip: Encourage parents to limit overseas travel or plan it strategically to avoid interrupting their green card status and future naturalization goals.