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How Is The Process Of Bringing Siblings To The United States As Lawful permanent Residents For An American Citizen in 2024
In order for American citizens to apply for lawful permanent residence for their siblings, they should contact a family-based immigration lawyer and submit a form to USCIS.
By submitting the petition and meeting the requirements, your siblings will be placed on a waiting list. When it’s time for a visa, your siblings will be able to immigrate to the US.
Note: Your siblings’ position on the waiting list will be based on the date you apply. Therefore, it is advisable to submit it as soon as possible.
Who Does USCIS Consider As A “Sibling” For Green Card Processing?
USCIS defines a sibling as an individual with whom you share both parents or at least one of them.
Likewise, it allows a sibling to apply for an adopted brother or sister, as long as the adoption occurred before the adopted child turned 16 years old.
Additionally, a petition may be based on a stepsibling relationship if the marriage that created this relationship occurred before the children were 18 years old.
What Are The Requirements That An American Citizen Must Meet To Be Able To petition to bring their siblings?
When bringing siblings to live in the United States as lawful permanent residents a US citizen must met the following criteria:
Requirements For The Petitioner (American Citizen Making The Petition)
- Be an American citizen;
- Be at least 18 years of age at the time of applying;
- Commit to financially supporting the sibling during the immigration process;
- Possess a valid family relationship (through blood ties or adoption);
- Meet specific criminal and health history criteria.
Requirements For The Beneficiary (The Sibling You Wish To Bring To The US)
- You must have a sibling relationship with the petitioner, which may be by blood or adoption;
- It is necessary to comply with all documentation and proof requirements that demonstrate the family relationship with the petitioner, such as birth certificates or other official documents;
- If you are under 21 years of age, you must be aware of the Juvenile Status Protection Act (CSPA);
- You must follow the correct procedure to adjust your status if you are legally in the United States;
- You cannot have a criminal record or medical conditions that affect your eligibility.
Do you dream of reuniting with your family in the United States and building a future together? At Lluis Law we understand your deep desire to be close to your loved ones and we are committed to guiding you every step towards family reunification.
What Is The Process That An American Citizen Must Follow To Be Able To petition to bring their Siblings?
The process to apply for a Green Card for a sibling can be broken down into the following 5 steps:
Step 1: File Form I-130 With USCIS
Complete Form I-130 correctly and be sure to select “Sibling” in the appropriate section. Additionally, it must include detailed information about the necessary relationship.
Step 2: Wait For Approval
Once Form I-130 is sent to USCIS, you must wait for its approval. This may take several years, but if approved, your application will be transferred to the National Visa Center (NVC).
Step 3: Submit The Affidavit Of Support
At NVC you will need to submit an affidavit of support along with other required forms and documents. For siblings under 21 years old, make sure you meet CSPA requirements.
Step 4: Obtain An Immigrant Visa For Your Sibling
If all goes well and the petition is approved, an immigrant visa will be issued. It is key that your sibling enter the United States before the visa expiration date to avoid complications.
Step 5: Receive The Lawful Permanent Resident Card
Once your siblings are in the United States, they must wait for the arrival of their Green Card. This will be mailed to the address provided to USCIS.
What Documents Do I Need To Submit To Request My Siblings?
Although an American citizen can petition to bring their siblings, both must provide the following documentation:
- Proof of your family relationship: This can be birth certificates, adoption documents or name changes;
- Form I-130;
- Biographical information: They must detail accurate data, such as contact information, dates of birth and other personal data;
- Form I-134A: Online application to become a sponsor along with declaration of financial support;
- Form I-864: You must submit this form along with financial documents demonstrating the ability to financially support your immigrant sibling;
- Form I-485: If you are eligible to adjust your status, you may need this document along with forms I-693 and I-765;
- I-485 Supplemental Information: This is usually in rare cases where the beneficiary has entered the country illegally and cannot provide sufficient evidence. If so, you may need a waiver of inadmissibility;
- Certified translations: If the original documents are not in English, they must be submitted translated by a certified translator.
What Happens After You Apply?
Once you submit your application, USCIS will send you a confirmation receipt. If the application is incomplete, it may be rejected or you will be asked for additional information, which will delay the process.
To avoid delays, be sure to submit all required documents from the beginning.
If the application is approved, it will be sent to the NVC. Once your family member obtains a visa number, NVC will inform you and your family member of this.
Note: The priority date for your application will be the same date USCIS receives your application.
What Relatives Can I petition to bring If I Am An American Citizen?
As a US citizen, you can apply for residency for the following family members:
- Spouse;
- Children, both married and single;
- Parents; and
- Siblings.
When you apply, you must provide evidence that shows your relationship to the person for whom you are applying. For more information about this, we invite you to check our blogs:
How Can I Request A Review Of My Application To petition to bring my sibling?
To request an expedited review of your sibling’s application, you must submit a formal written appeal to USCIS.
This request must be supported with concrete evidence, such as:
- Medical documents;
- Financial statements; either
- Letters explaining emergencies, financial difficulties, humanitarian situations, or essential US government interests.
How Long Does A Petition to bring a sibling From An American Citizen take?
Form I-130 processing time can vary considerably. In general, approval can take between 6 months and a year, although in some cases it can even extend to several years.
This process typically takes several years due to annual limitations on visas available for this category. However, by filing as soon as possible, you ensure that your siblings are on the waiting list and move forward in the immigration process.
To learn more about how long a family petition takes, you can use the USCIS online tool or contact our immigration attorneys in Los Angeles, California.
Why Do Siblings From Certain Countries Wait Longer To Obtain Residency?
The US government limits each country to a maximum of Green Cards. Consequently, this generates longer waits for siblings from countries with high requests. For example, India, China, Mexico and the Philippines.
Is There A Way To Speed Up This Entire Application Process?
Unfortunately, there are few options to expedite the Green Card application process for your brother or sister. The best thing you can do is submit all required forms and correct supporting documentation quickly to avoid delays.
Although USCIS accepts requests to expedite petitions, it does not have jurisdiction over NVC, the US Consulate, or the priority date. Therefore, it is unlikely that USCIS will be able to expedite the case.
How Much Does It Cost To Petition to bring a sibling To The United States In 2024?
The cost of applying for a sibling to the United States as a lawful permanent resident varies depending on several factors. However, the Form I-130 filing fee is $535.
On the other hand, the form to adjust status (I-485) costs $1,440.
That said, the minimum fee to petition to bring your sibling to become a lawful permanent resident is $1,975.
Note: Please note that there may be other costs associated.
Can My Brother Visit Me In The US While His Application Is Pending?
Yes, your brother can apply for a nonimmigrant visa to visit you temporarily, but he will need to show that he has strong ties to his home country and does not plan to stay beyond his visit.
Approval is not guaranteed and depends on the US consulate. It should be noted that if you have violated immigration laws before, you could face difficulties obtaining a tourist visa.
Frequently Asked on Bringing siblings to live in the United States as Lawful permanent residents
How Long Does It Take To Bring Siblings To Live In The United States As Lawful Permanent Residents?
Foreign siblings of American citizens could face a wait time of between 14 and 16 years to obtain lawful permanent residence. However, this time period may vary depending on the applicant’s country of origin.
What Happens If My Request To Petition to bring my sibling is denied?
If your I-130 application is denied, USCIS will explain the reasons for the denial. Depending on the reasons provided, you may choose to appeal or file a motion to reopen or reconsider the case.
What Happens To My Relative’s Family?
In most cases when your family member’s visa turn comes up, their spouse and unmarried children under the age of 21 can join them in the application. If your family member is already in the United States you can adjust their status.
Additionally, as an American citizen, you can file individual applications for each of your immediate family members, including your children.
Does It Involve Any Commitment To File A Petition For My sibling?
Yes. By filing an I-130 application you agree to be the financial sponsor of your family member. This means that when your siblings are ready to immigrate, you will need to file Form I-864.
Can Lawful Permanent Residents petition to Bring Siblings To The US?
No, lawful permanent residents in the United States cannot petition their foreign siblings. However, after becoming a US citizen, they may be able to do so.
Note: Lawful permanent resident can bring certain family members to the US. Contact us for further details.
Contact Our Immigration Attorneys Today If You Are An American Citizen And Want To petition to bring Your Siblings
Now you are more prepared regarding the requirements on bringing siblings to live in the United States as lawful permanent residents
However, if you are looking to obtain a Green Card for your sibling or other family member, it is key that you contact an immigration attorney. Managing these processes on your own can be overwhelming and error-prone.
At Lluis Law, we take care of all the necessary filings to ease your burden. Call us, our team is dedicated to providing personalized attention to each case. Together we will ensure that you are reunited with your loved ones.
LATINOS WITH OVER 50 YEARS EXPERIENCE
Tell Us Your Case
