You can petition for a sibling to get U.S. residency if you are at least 21-years-old and are a current U.S. citizen. The U.S. Citizenship and Immigration Services website lists the requirements and forms needed to complete the process. You will be required to complete a Form I-130 and provide your birth certificate and the birth certificate of your sibling to prove you have at least one common parent. The current fee for filing a Form I-130 is $535. You will also be required to provide evidence that you are a U.S. citizen.
What is a Sibling for U.S. Immigration Purposes?
Under U.S. immigration law, a sibling is anyone that shares a common parent. This means that they are not required to be a blood relative. A stepbrother or stepsister can qualify, as long their parents are still married. You can also petition for an adopted sibling if you were both under the age of 16 when the adoption took place.
Time Frame for Application Process
In most cases, your sibling will have to wait until the Form I-130 has been approved, which can take up to a decade or more. There are only a limited number of Green Cards issued per year and it is important to understand the process takes time. An experienced immigration attorney might be able to expedite this process by exploring all possible immigration paths available to your sibling. They will be able to guide you through the entire process of applying for a visa petition for permanent residency.
Restrictions on Petitioning for Siblings
Another reason to work with an experienced immigration attorney when petitioning for a sibling to become a U.S. resident are the risks and restrictions. The process is not complete when the Form I-130 is approved, which requires that your sibling will need to also apply for a Green Card at that point. Failure to properly apply for a Green Card can lead to your sibling being designated with unlawful presence status and also can result in their application being denied. Green card holders cannot petition for siblings, so you will have to become a U.S. citizen before you can petition for any siblings.
Find an Experienced Immigration Attorney
The process of petitioning for a sibling to get U.S. residency is a lengthy process and all the documentation has to be filed on-time, accurately, and completely. Any mistakes can create significant delays or can result in your application being denied. Our firm has helped clients from all over the world petition for a sibling to become a U.S. resident successfully and cost-effectively.
Margaret W. Wong & Associates have more than 80 years of combined experience with U.S. immigration cases. Contact U.S. today at (216)-566-9908 to schedule an initial consultation.