If you are wondering how can a U. S. citizen sponsor a sibling, you are in the right place. In the following article we will provide you with all the information you should know about this petition.
At the Curbelo Law firm, our immigration lawyers in New Jersey are experts in U.S family-based immigration petition cases, offering comprehensive legal advice to clients with this type of immediate relative petition requests.
How Can a U. S. citizen sponsor a sibling in 2022?
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 articles 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 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 permanent residents. Read How to Get a Green Card for extensive information about the Green Card for permanent residency matters.
Requirements To Petition to Bring a Sibling if you are An American Citizen
The requirements for you as a U. S. citizen to petition to bring a sibling will depend on whether your sibling is in or outside the United States.
Brothers Within The US
If your brother, sister, or stepbrothers are within the United States by legal permission, you will need to:
- File Form I-130, Petition for Alien Relative .
- Wait until you have a visa number available.
- File Form I-485, Application for Registration of Permanent Residence or Adjustment of Status .
If your brother or sister had an immigrant visa petition or a work certificate before April 30, 2001, they must have had their legal status continued in the country in order to adjust their status in the United States.
Siblings Outside The U. S.
- File Form I-130, Petition for Alien Relative.
- When Form I-130 is approved, it will be sent for consular processing .
- The U. S. embassy or the respective consulate will provide you with the process information.
Documentation Required To Petition For A Sibling Being An American Citizen
As a U. S. citizen you will need to submit some documentation to petition for a sibling. This is the following:
- Form I-130 signed with the respective fee 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.
- Have proof that you are an American citizen, among which you need 1 copy of:
- Your current U. S. passport.
- Certificate of birth in the United States.
- Certificate of naturalization.
- Consular report showing your birth abroad.
- Certificate of citizenship.
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 He Waits For His Visa Petition?
Siblings with pending Form I-130 cannot enter the United States; Since they do not qualify for a non-immigrant visa, however, certain exceptions may be given.
You can submit additional documentation so that a sibling can come to the United States while the visa petition is pending.
Additional Documentation For A Sibling To Come To The U. S. While Their Visa Is Pending
If you provide additional documentation, there is a possibility that your brother or sister may travel to the U. S. while their visa is pending. Among the documentation to send is:
- 1 copy of your birth certificate.
- 1 copy of the birth certificate of your sibling (s) showing that you share at least one parent in common.
- If you and your brother or sister have a biological father but have different mothers, you must submit:
- 1 copy of the father’s marriage certificates with each of the mothers.
- 1 copy of the documents that prove any previous legal marriage between the father and the mother, where they were legally divorced.
- If you and your brother share a relationship by adoption, you will need to submit:
- 1 copy of the adoption documents showing that the adoption process took place before you or your sibling were 16 years old.
- If you and your brother are involved in a stepparent relationship, you will need to submit:
- 1 copy of the marriage certificate of your biological father with your stepfather.
- 1 copy of any document proving that the marriage of the biological father and the stepfather ended in a legal divorce.
In the event that your or your father’s name has changed, you must include some legal evidence showing that the name change was actually processed.
For this type of document, you can submit:
- A marriage certificate.
- A divorce decree.
- The decree of adoption.
- A court order for a name change.
- 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 a US citizen and apply for a sibling through a visa, he / she can obtain permanent residence, as long as the requirements requested by the US government for family immigration are met.
Read more about how to legally enter the United States where we will inform you of the different legal path you have available for you to enter the country.
Also, not only your brother can get this benefit, your immediate relatives will be able to get 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, since they are included in the family reunion.
Another benefit of the family reunion is that your spouse and children will not have to wait additional time to obtain an available visa number.
In the event that the time is longer than expected, you will simply need to contact a United States consulate and indicate that you are an American citizen so that the children or your spouse can apply for the immigrant visa.
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 at 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 the professional help of an experienced attorney, do not hesitate to contact the office of Carolina T. Curbelo.
Can A U. S. Citizen Sibling Petition to Bring another sibling?
Only a sibling with US citizenship can petition for another sibling. However, a permanent resident sibling cannot petition for a sibling.
Can An American Citizen Petition to bring A Married Brother or sister?
Yes, the process is the same as for an American citizen to petition to bring a sibling.
Our article of interest “Can an undocumented immigrant get married in the U. S.” will provide you with information related to the subject.
If My Petition as U. S. Citizen To bring my brother or sister to the U. S Was Rejected, Can I Appeal?
If your visa petition to bring your brother to the United States was denied or rejected, the same denial charge will tell you how and when you can appeal for a resolution.
You must submit the Appeal Form and pay the indicated fee in order to start this process, said appeal will be heard by the Board of Immigration Appeals.
Find out everything you need to know about how to appeal an immigration decision on our website.
How Long Does It Take To Approve A Petition to bring A Sibling?
These types of family petitions are filed in large numbers each year; Therefore, the waiting list can become considerably long so is impossible to determine a specific period of time.
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 over 25 years, which are:
What Is The Fastest Way To Bring My Brother To The U. S?
The fastest way to bring your brother to the U. S. is to start the family petition process as soon as possible, as long as you are over 21 years of age, a U. S. citizen, and take the following 5 steps :
- File Form I-130 with USCIS.
- Receive approval and go to the National Visa Center.
- Submit an affidavit.
- Bring your brother to the United States.
- Wait for the Green Card.
What Happens After USCIS Approves The Petition?
For the approval process to take place, you and your brother or sister 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 consider that this number is taking too long, contact the U. S. consulate and notify that you are a U. S. citizen waiting for the corresponding visa number.
- If USCIS doesn’t have one yet, you’ll have to keep waiting until one is available for your sibling.
As a U. S. Citizen, How Much Money Do I Need To Apply To Bring My Brother to the U. S?
The National Visa Center requests as a minimum that the American citizen has sufficient economic resources to be able to support the arrival of their brother or sister to the country.
In the event that you do not have sufficient financial resources, it is possible that a friend or relative can respond financially to this type of procedure.
The minimum income that you must have to get to petition to bring your brother or sister is around $21,550, in case the couple has children the income must be much higher.
Curbelo Law Assists You In Petitioning to bring Siblings To The U. S.
If you are looking for help that shows beneficial results in this type of family petition, Curbelo Law will help you throughout this procedure.
Do not wait more! Call us today and get a private consultation.