The U.S. Citizenship and Immigration Services (USCIS) allows for U.S. citizens to sponsor their siblings for permanent residence (also known as green cards).
Who Can Apply for Green Cards for their Siblings?
U.S. citizens are eligible to petition to bring their siblings (brothers or sisters) to live in the United States as green card holders. The U.S. citizens must be at least 21 years old to sponsor a sibling. A U.S. citizen can sponsor the following people as siblings:
● Brothers or sisters related through the same birth parents
● Brothers or sisters related through adoption
● Brother or sisters related through one parent (half-siblings)
● Brother or sisters related through step-parents
A green card holder is not able to sponsor a sibling for a green card. This means that a person must naturalize before they can sponsor a sibling for permanent residence.
Application Process if Applicant Legally Entered the United States
To sponsor a sibling, the U.S. citizen must first file Form I-130, Petition for Alien Relative, with USCIS on behalf of the sibling. USCIS will adjudicate the petition based on evidence that demonstrates the relationship between the siblings. Once USCIS approves the petition, the sibling will wait for an immigrant visa to become available. The current wait times for immigrant visa categories, including siblings, are available on the Visa Bulletin. There are significant Visa Bulletin delays for brothers and sisters of U.S. citizens.
Application Process if Applicant Illegally Entered the United States
If a sibling illegally entered the United States, the sponsor must first file Form I-130 with USCIS. USCIS will adjudicate the petition and then send the approval to the State Department’s National Visa Center (NVC). The sibling will have to apply for a green card at the consulate abroad and may face several hurdles to entry, including a potential Unlawful Presence Bar or other bars to admissibility.
Application Process if the Sibling is Outside United States
If the siblings are living outside the United States, the U.S. citizen will complete Form I-130 to sponsor their sibling. When the I-130 is approved, USCIS will send a notification to the NVC. When an immigrant visa is available, the NVC will contact the applicant to apply for permanent residency at the consulate. Unfortunately, there is no option to enter the United States based on a pending I-130 petition.
Consider Adjustment of Status When Possible
If the sibling is already legally in the United States, they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with Form I-130, and adjust their status to legal permanent residence within the United States.
Waivers to Inadmissibility
Even if the sibling is a recipient of an approved I-130 petition, the sibling still must be admissible to the United States. USCIS could deem people inadmissible for many reasons, including health-related grounds or a criminal background.
If the person is inadmissible, the applicant will need to file Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. By filing one of these forms the sibling may overcome the grounds of inadmissibility and apply for the green card. However,
To find out whether you are eligible for sponsorship from a sibling or to sponsor a brother or sister contact our expert team today. Our immigration lawyers are here to help you with your family immigration matters.
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