Can a U. S. citizen sponsor a sibling

If you are wondering how can a U. S. citizen sponsor a sibling, you are in the right place. In the following blog we will provide you with all the information you should know about this petition.

Our immigration lawyers in New Jersey specialize in U.S family-based immigration petition cases, offering comprehensive legal advice to clients that want to reunite with their loved ones.

How Can A U. S. Citizen Sponsor A Sibling In 2024?

For an American citizen to petition to bring their sibling (brother or siter) to the United States, they must be at least 21 years old.

As a U. S. citizen, you can also petition to bring other immediate family members and at Curbelo Law we help you with the process. Check out our related blogs on the subject for extensive information:

• How do i bring my foreign spouse to the U. S. 
• U. S. citizen petition for parents.
• How to bring my son to U. S.

American permanent lawful residents will not be able to petition to bring their siblings or parents to live permanently in the United States. 

You as a U. S. citizen can petition to bring natural siblings or stepbrothers on your petition. Additionally, they will obtain a Green Card as lawful permanent residents. Read How to Get a Green Card for extensive information about the Green Card for permanent residency matters.

Requirements To Petition To Sponsor and Bring A Sibling If You Are A U. S. Citizen

The requirements for you as a U. S. citizen to petition to bring a sibling will depend on whether your sibling is inside or outside the United States.

Siblings Within The US

If siblings or step-siblings are within the United States through legal permission, the applicant will need:

1. File Form I-130 , petition for foreign relative.
2. Wait until you have a visa number available.
3. File Form I-485 , application to register permanent residence or adjust status.

If a brother or sister had a petition for an immigrant visa or a work certificate before April 30, 2001, they must have had a continuous legal status the country. This is so they are able to make an adjustment of status.

Siblings abroad (Outside The U. S.)

1. File Form I-130.
2. When the I-130 form is approved, it will be sent for consular processing .
3. The respective US embassy or consulate will provide you with process information.

Documentation Required To Ask For A Brother As An American Citizen

• Form I-130 signed with the respective fee paid.
  • If your sibling has a partner and / or unmarried children under the age of 21, you don’t need to apply for another Form I-130 separately.
• Proof that you are an American citizen, among which you need 1 copy of:
  • Your current U. S. passport.
  • Birth certificate in the United States.
  • Naturalization certificate.
  • Consular report showing your birth abroad. 
  • Citizenship certificate.

You only have to submit one piece of evidence, that is, any of the above mentioned. However, our recommendation is that you have at least two on hand

Can My Brother Come To The United States While Waiting For His Visa Petition?

Siblings with a pending I-130 form cannot enter the U. S. as they do not qualify for a non-immigrant visa. However, certain exceptions may be granted by submitting additional documentation.

Additional Documentation So A Sibling Can Come To The U. S. While Their Visa Is Pending

Among the documentation to be sent is the following:

• Copy of birth certificate.
• Copy of the birth certificate showing that the siblings share at least one parent.
• If you and your brother or sister have a biological father but have different mothers, you must submit:
  • Copy of the father’s marriage certificates with each of the mothers.
  • Copy of documents proving any previous legal marriage between the father and mother, where they were legally divorced. 
• If you and your brother or sister share a relationship through adoption, you must submit:
  • Copy of adoption documents showing that the adoption process took place before you or your brother or sister were 16 years old.
• If you and your brother or sister are involved in a stepparent relationship, you must submit:
  • Copy of the marriage certificate of your biological father with your stepfather.
• Copy of any document proving that the marriage of the biological father and the stepfather ended in a legal divorce.

Documentation For Name Change

In the event that the name of the applicant or beneficiary has changed, some legal evidence must be included showing that the name change was actually processed.

For this type of document, you can submit:

• A marriage certificate.
• A divorce decree.
• The adoption decree.
• A court order to change your name.
• The document authorized for a name change.

What Benefits Does My Brother Get If As A U. S. Citizen, I Petition To Bring Him To The U. S?

If you are an American citizen and apply for a visa for a sibling, they will be able to become lawful permanent residents. However, to legally enter the United States some requirements must be met.

• Likewise, not only your brother or sister can obtain this benefit, your immediate family members will be able to obtain all the benefits of a family reunion.
• To apply for immediate family members, you do not need to file Form I-130 separately for spouses or children, because they are included in the family reunion.

You may be interested in reading our blog on marriage based Green Card interview questions.

• Another benefit of family-based immigration is that your partner and children will not have to wait additional time for an available visa number.
• In the event that the time extends longer than expected, you will need to contact a United States consulate. 

Once the latter is done, you only have to indicate that you are an American citizen so that your children or partner can apply for an immigrant visa. 

What Is The Fastest Way To Bring My Sibling To The U. S.?

The quickest way to bring your sibling to the U.S. is to begin the relative petition process as soon as possible, as long as you are over 21 years of age, a U.S. citizen, and follow the next 5 steps:

1. File Form I-130 with USCIS.
2. Receive approval and go to the National Visa Center.
3. Submit an affidavit.
4. Bring your sibling to the United States.
5. Wait for the Green Card.

How Much Money Do I Need To Apply For My Sibling If I Am An American Citizen?

There are certain filing fees that must be paid for each form. These are:

• Form I-130: $535.
• Form I-485: Has different filing fees. For example, $1,140 for individuals ages 14 to 78.
• Biometric services fee: $85.

In addition to these fees, others may need to be submitted, along with the cost of an immigration attorney. For this reason, it is likely that the entire process to petition to bring a brother or sister will be around $1,700 to $2,000.

For more information regarding how much an immigration lawyer costs, please do not hesitate to contact us. Through a private consultation, our immigration attorneys will indicate all of these costs and the services available to you.

Frequently Asked Questions About How To Petition To Bring A Sibling As A U. S. Citizen

Below you will find frequently asked questions and answers that we often receive in our office. With 10 years of experience in Northern New Jersey and serving immigrants globally, we can help you with matters involving U. S. citizen and the sponsor of a sibling

If you need professional help from an experienced attorney, do not hesitate to contact the office of attorney Carolina T. Curbelo where we have already helped hundreds of family members reunite.

Can A U. S. Citizen Sibling Petition To Bring Another Sibling?

Only a sibling with American citizenship can petition another sibling; however, a sibling that is a lawful permanent resident cannot petition a sibling.

Can An American Citizen Petition To Bring A Married Brother Or Sister?

Yes, American citizens can petition to bring their siblings. This process is the same as if they were single. Therefore, if you are wondering “Can A U. S. Citizen Sponsor A Sibling”, yes, you are able to do so, especially with the help of Curbelo Law. 

Our blog “Can an undocumented immigrant get married in the U. S.” will provide you with further information.

If My Petition As U. S. Citizen To Bring My Brother Or Sister To The U. S Was Denied, Can I Appeal? 

If your visa request to bring your sibling to the United States was denied, the same denial letter will tell you how and when you can appeal the decision.

How Long Does It Take For A Petition For A Sibling To Be Approved?

Now that you know that a U. S. citizen can sponsor a sibling there is a reality to face. These types of family-based petitions are filed in large numbers each year; Therefore, the waiting list can become considerably long, so it is impossible to determine a specific time period.

Normally, this waiting period can range from 18 months to more than 10 years; Also keep in mind that there are three countries in which the process can take more than 25 years, which are:

• Mexico.
• India.
• Philippines.

What Happens After USCIS Approves The Petition?

For the approval process to take place, you and your sibling must wait for USCIS to provide you with an available visa number; Normally for American citizens it will not require extra time to obtain it.

• If you think this number is taking too long, contact the United States consulate and notify them that you are an American citizen waiting for the corresponding visa number. 
• If USCIS does not already have one, you will have to continue waiting until one is available for your sibling.

Curbelo Law Assists You In Petitioning To Bring Siblings To The U. S.

As we have seen in this post, a U. S. citizen can sponsor and petition to bring a sibling, but the process can be complex. If you are looking for help that shows beneficial results, then at Curbelo Law you will find what you need.

Our immigration attorneys in New Jersey will provide you with the best advice in all types of immigration cases, from a waiver of inadmissibility to a cancellation of removal.

Don’t wait any longer, call us today and get a private consultation. It does not oblige you to anything and can be the beginning of the path to reuniting with your loved ones.