If you want to sponsor a sibling for a green card, there are several things you need to be aware of, such as the requirements regarding who can be a sponsor. You also need to be aware of the wait time for a sibling green card, as different visa categories will have different wait times, which can vary significantly. Also, you will need to know what petition you will have to file and what your legal responsibilities will be as a sponsor. Keep reading to find out if you can sponsor a sibling for a green card, and if so, how to go about doing this.
Who Can File a Petition for a Sibling?
If you want to sponsor a sibling for a green card, the good news is that this is a possibility if you meet the sponsor requirements. In order to be a sponsor for a brother or sister, you have to be a U.S. citizen. If you are a lawful permanent resident, otherwise known as a green card holder, you can only sponsor immediate family members, such as your spouse or unmarried child.
In addition to this requirement for petitioning for sibling immigration, you also have to meet other eligibility requirements, including:
- You are at least 21 years old.
- You can prove that the family relationship is legitimate.
If the sibling you are petitioning for is adopted, you will need to provide adoption documents as proof of the relationship.
Understanding Family Visa Categories
If you want to petition for a sibling, another thing you need to be aware of regarding immigration is the different family preference visa categories. These visa categories are broken down according to how immediate the family relationship is, and will ultimately impact how challenging the immigration process is and how quickly a visa becomes available.
- First preference: Sponsoring unmarried daughters and sons of U.S. citizens who are 21 or older.
- Second preference (F2A): Sponsoring spouses and children who are unmarried and under the age of 21 of lawful permanent residents.
- Second preference (F2B): Sponsoring unmarried sons and daughters 21 years old or older of lawful permanent residents.
- Third preference: Sponsoring married daughters and sons of U.S. citizens.
- Fourth preference: Sponsoring brothers and sisters of U.S. citizens.
So, if you are sponsoring a sibling for a green card, your sibling will be in the fourth preference visa category.
It is strongly recommended that you hire an immigration attorney before you start your petition, as they can help you get the best outcome. An attorney will ensure you are petitioning correctly and can help you avoid mistakes that could delay processing.
How to File Form I-130 for a Sibling
Now that you know who can petition for a sibling and the category your petition will be in, what’s next? If you are ready to begin the immigration process for your sibling, you will need to fill out and file form I-130 for your sibling. This is a petition for alien relative, which helps to establish that the family relationship is valid.
Here are the documents you need to file with form I-130:
- Copies of your and your sibling’s birth certificates
- A copy of your U.S. passport or naturalization certificate
- Copies of adoption decrease or marriage certificate, if applicable
Another reason why form I-130 is required is that this shows that you are willing to support your sibling financially if they are approved and granted a green card. This ensures they will not immigrate to the United States and become a burden on the government.
You should also be prepared to pay the fee to file form I-130, which is $675, as of right now. Keep in mind that this is nonrefundable and that the price can go up or down yearly.
Priority Dates and Visa Bulletin Backlogs
Once you have filed form I-130, you will receive a receipt notice from the USCIS and they will eventually notify you of their decision. This processing timeline can vary significantly, ranging from a couple of months to a year. Additionally, the USCIS may send you a request for evidence if there is not enough evidence proving that the relationship is valid.
Once you have received an approval, your sibling will be placed in the family fourth preference category to await a visa. You will need to check the visa bulletin available on the USCIS website for updates about when their visa will become available. Keep in mind that for family fourth preference category visas, the wait time can be 14 years or more.
The wait time for a visa in the family fourth preference category is so long due to the significant USCIS backlogs. That is why it is so important to make sure your petition is filled out correctly with the right document so that you do not run into any delays. For instance, a request for additional evidence can slow down your petition by several months.
Hire an Immigration Attorney Today
Are you interested in starting the process of USCIS sibling sponsorship or obtaining a green card for a brother or sister? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I sponsor my half-brother or half-sister?
Yes, but you will need to share at least one biological or adoptive parent, and you will need to provide documentation regarding this when you file form I-130. If you failed to do this, your petition may be rejected, or you may receive a request for additional evidence.
How long will it take for my sibling to get a green card?
There is no specific wait time for siblings, but on average, it can take 10 to 15 years or more due to significant backlogs. Keep in mind that this is dependent on your sibling’s country of birth.
Can I sponsor more than one sibling?
Yes, it is possible for U.S. citizens to sponsor more than one sibling; however, you will need to file separate petitions for each sibling, and they will each have their own processing time.
