Green Card for Siblings: Bringing Your Siblings to the United States
Filing for a green card for your sibling(s) is a life-changing process that can lead to family reunification. But while bringing your sibling to the United States is an exciting prospect, the journey can also be long; and it requires time, energy, patience, and careful attention to detail. In this article, we’ll review how to petition for a sibling green card and cover the important details that you need to know to have your sibling join you in the United States.
A Sibling Green Card Is a Family-Based Green Card
A sibling green card is a subsection of family sponsorship. Petitioning for relatives is an important part of the U.S. immigration process. It’s a process that may take some time, depending on your family member’s preference category.
Family-based green cards generally require three main forms:
- Form I-130, Petition for Alien Relative
- Form I-485, Application to Register Permanent Resident
- Form I-864, Affidavit of Support
A lawful permanent resident (LPR) can often petition on behalf of a family member. For a sibling green card, the petitioner must be a U.S. citizen. Talk to one of our experienced family sponsorship lawyers at Scott D. Pollock & Associates, P.C. for advice about sponsoring your family member to join you in the United States.
Who Can Apply for a Sibling Green Card?
Sponsoring a sibling for a green card requires you to be a U.S. citizen who is at least 21 years old. For other family-based green card applications, lawful permanent resident (LPR) status may be sufficient.
Can a Green Card Holder Sponsor Siblings?
No, a green card holder cannot sponsor siblings for green cards. You must be a U.S. citizen to petition for a sibling green card. There are three primary ways to obtain citizenship in the United States:
- Naturalization
- Certificate of citizenship
- Passport applications
United States citizenship comes with many advantages, including the ability to petition for your sibling to join you in the United States under a family-based green card.
The path to citizenship is often extremely long and complicated. If you have any questions about the transition from LPR status to United States citizenship—or any other questions about obtaining your U.S. citizenship—contact our experienced immigration and naturalization attorneys today.
Who Counts as a Sibling for a Sibling Green Card?
To qualify to apply for a sibling green card, you need to be a U.S. citizen who is at least 21 years of age. But who can you petition for when it comes to a sibling green card?
Although there are many different definitions of family, there are legal parameters that the United States Citizenship and Immigration Services (USCIS) requires for sibling-based green cards. You can petition on behalf of:
- A brother or sister with whom you share biological parents
- A half-sibling with whom you share either a mother or a father
- A step-sibling from a parent’s marriage to another person with children
- An adopted sibling, so long as your family adopted them before the age of 16 (If the adoptee is between the ages of 16 and 18, they may still qualify under the sibling exception, which applies when the same adoptive parents already adopted a natural sibling before the age of 16)
If you have questions about your specific circumstances, contact one of our family sponsorship lawyers today.
U.S. Citizen Filing for a Brother or Sister: Processing Times
The quickest way to bring your sibling to the U.S. is to apply as soon as you are eligible. For brothers and sisters of U.S. citizens over the age of 21, the wait for a visa is extremely long because it is a fourth-preference category.
The preference categories for family-based green cards are as follows:
- First preference (F1): U.S. citizen’s unmarried children who are at least 21 years old
- Second preference A (F2A): A lawful permanent resident’s (LPR) spouse and unmarried children under 21 years of age
- Second preference B (F2B): An LPR’s unmarried children who are at least 21 years old
- Third preference (F3): U.S. citizen’s married children
- Fourth preference (F4): Brothers and sisters of eligible U.S. citizens
Check the USCIS case processing times page to learn more about processing times for specific application types.
We encourage you to work with a knowledgeable green card lawyer to file all of the forms correctly and expedite the process. Because of its lengthy wait time, applying for a sibling green card as soon as possible will place you higher on the waitlist.
Sibling Green Card Affidavit of Support
For your sibling(s) to join you in the United States, you will need to provide evidence that you will be able to support them financially. Doing so requires you to fill out Form I-864, Affidavit of Support.
Essentially, an affidavit of support is a legal contract between you and the government saying that you will take responsibility for your sibling’s financial well-being so they will not have to rely on government support. The U.S. government wants to avoid the need for your sibling to seek governmental aid. Form I-864 will show that your income is at least 125% of the U.S. Department of Health and Human Services (HHS) Federal Poverty Guidelines. Until your sibling shows they are financially stable as required by USCIS standards, you will be responsible for their finances here in the United States.
There are four different types of Form I-864. Talk to your immigration attorney about which form applies to your scenario. Filing an affidavit of support is a part of sponsoring a sibling for a green card.
The main form that must be completed for a sibling green card is Form I-130, officially titled “Petition for Alien Relative.” If you are a U.S. citizen, you will need to petition on behalf of your sibling who is not yet a legal permanent resident in the U.S.
Filling out Form I-130 is the first step in applying for a green card for your sibling(s). Working with an immigration attorney will help ensure that all forms are completed correctly and submitted with the necessary evidence, so the process moves as quickly as possible.
Required Evidence for Sibling Green Card
Along with your Form I-130, Petition for Alien Relative, there are specific USCIS eligibility requirements you must meet for a sibling green card.
Your family immigration lawyer can help you gather all the necessary information. The base required documents to submit for your green card for siblings include:
- A copy of your birth certificate
- A copy of your sibling’s birth certificate
The birth certificates need to show that you and your sibling share one or both parents. DNA evidence can be submitted if a birth certificate is unavailable or deemed unreliable by USCIS.
Another document to submit with your Form I-130 and copies of your and your sibling’s birth certificates is one showing that you, the petitioner, are a U.S. citizen. You only need to submit one document providing evidence of your citizenship. Eligible documents include:
- U.S. birth certificate
- U.S. passport
- Naturalization certificate
- Certificate of citizenship
- Consular report of birth abroad
In addition to these requirements, you must also submit evidence on behalf of your sibling. The evidence you submit depends on the legal relationship you both share.
Step-Parent Sibling Green Card
If you and your sibling(s) are step-siblings—meaning you are related through your parents’ marriage to each other—you must show evidence that any of your parents’ previous marriages have ended. Supporting documents could include death certificates or divorce decrees.
You must also show evidence that your step-parent is married to your biological parent.
Paternal Sibling Green Card
If you and your half-sibling biologically share a father but have different mothers, you will need to submit copies of your father’s marriage certificates to both your mother and your half-sibling’s mother. You will also need to submit copies of divorce papers or other proof that your father is no longer married to either your or your sibling’s mother.
Adopted Sibling Green Card
If you are related to your sibling through adoption, you must also submit the adoption decree for you or your sibling. To qualify, your sibling must have been adopted before they turned 16, or 18 years old if the sibling exception applies.
Name Changes
If either you or your sibling has had your name changed, you must submit documents of the legal name change with any other required evidence.
Sibling Green Card Wait Time
U.S. immigration imposes per-country limits, meaning each country has a certain number of people allowed to obtain visas each month. You can check where your sibling may be in the queue by looking at the Department of State’s (DOS) visa bulletin.
The dates on the visa bulletin are the priority dates assigned to you and your sibling after USCIS approves your initial Form I-130.
Sibling Green Card Consular Processing
Once the Form I-130 is accepted and the visa priority date is current, you can proceed with obtaining green cards for your siblings through consular processing. Consular processing is the path to obtaining a green card when the sibling green card recipient is still in their home country, not the United States.
If your sibling is already in the United States when their priority date is current, they will file Form I-485 for adjustment of status. However, you should speak with your immigration attorney about the next steps. If your sibling is in the United States illegally, there will be consequences, and your sibling’s green card may be denied.
When your sibling is in their home country, and their priority date is current, the National Visa Center will schedule an interview at the U.S. embassy or consulate and request a medical examination.
Once fully approved, your sibling will receive their immigrant visa, be allowed to enter the United States, and become a lawful permanent resident. Once in the U.S., they will be sent their physical green card. The long wait will be well worth it!
Frequently Asked Questions About Green Cards for Siblings
What is the processing time for a U.S. Citizen filing for a sibling green card?
Because of the preference level of a U.S. sibling visa, the wait time for application acceptance can be quite long. It’s not unusual to have a wait time of 14 years to 25 years or more. That’s why the faster you get on the waiting list, the faster your application will go through.
Can I sponsor my brother to the USA?
If you are a U.S. citizen who is at least 21 years old, have filed Form I-130 on your brother’s behalf, and have provided the correct information to USCIS, you can sponsor your brother and/or your other siblings to join you in the United States. But the process is not as easy as simply sponsoring your brother or sister.
Sponsorship takes a lot of time and commitment. For assistance and direction in the process of filing for a green card for your sibling(s), talk to your immigration attorney right away.
Can I get a green card for siblings who are already in the U.S.?
Technically, yes. If your sibling is in the United States when their visa priority date is current, you can adjust their status without requiring them to return to their country of origin. However, this may be risky.
For example, if your sibling is in the United States illegally or is here because of immigration fraud—using a visa for any purpose other than its stated purpose—then their Form I-130 green card application could be denied.
Need Help With Your Petition for a Sibling Green Card? Contact an Immigration Attorney Today
The experienced naturalization and immigration attorneys at Scott D. Pollock & Associates, P.C. are here to help with all of your immigration needs. If you have any questions about applying for green cards for siblings, our knowledgeable attorneys can answer them and represent you throughout your immigration journey.
Filing Form I-130 is a process that needs to be completed to perfection. If it is not, your petition may be denied. Make sure your form is filed correctly by working with an experienced immigration attorney. With over three decades of experience, our law firm’s immigration and citizenship lawyers are well-versed in the laws governing family-based green cards and the sponsorship of siblings for green cards.
For more information, call us at 312.444.1940 or fill out an online contact form today.