Can A Green Card Holder Sponsor Siblings?
If you want to come to the United States as a lawful permanent resident, your sibling might be able to petition for you to obtain a green card.
If your sibling is a United States citizen and is at least 21 years old, they can petition for you by submitting the green card for siblings form to the United States Citizenship and Immigration Services (USCIS).
What is the Green Card For Siblings?
The Green Card for Siblings involves a U.S. citizen sibling petitioning for their brother or sister to immigrate to the United States.
This process entails filing Form I-130, which is the USCIS petition for an immigrant relative.
The application for a green card follows a multistep process.
Before initiating the green card application itself, the U.S. citizen sibling must file Form I-130 to petition for the immigrant sibling.
Once Form I-130 is approved and a priority date is assigned, the application process can commence.
It’s important to note that approval of Form I-130 does not grant entry into the United States; it merely provides the date on which you are allowed to apply for a green card.
The sibling green card falls under the fourth preference category.
As a lower preference level, siblings may face significant wait times, often spanning multiple years, due to annual limits on this category.
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An infographic on can a green card holder sponsor siblingsThe I-130 Checklist for Brothers or Sisters
The I-130 Checklist for Brother or Sister requires the U.S. sibling petitioner to meet specific requirements to prove their U.S. citizenship.
When submitting Form I-130 to USCIS, the sibling petitioner must also provide the following documentation:
Proof of U.S. Citizenship
To demonstrate U.S. citizenship, you can submit copies of:
- Naturalization Certificate
- U.S. birth certificate
- U.S. passport
- Certificate of Citizenship
- Consular Report of Birth Abroad
Also Read: Macaulay Culkin and Siblings: Where Are They Now?
Proof of Relationship with Your Sibling
You must also collect documents verifying the relationship between you and your sibling.
This can be accomplished by providing copies of both (or all) siblings’ birth certificates.
In addition to the items mentioned above, you must also include:
- Proof of any legal name changes if applicable
- Two passport-style photographs
The Additional I-130 Checklist for Brothers or Sisters from Other Parents
The additional I-130 checklist for brothers or sisters from other parents requires the sibling petitioner to provide specific documentation to establish their relationship with the U.S. citizen sibling.
Depending on the relationship, additional documentation may be necessary.
Let’s examine the legal categories for siblings in the United States according to the U.S. code.
For the official subchapter, refer to I.N.A. Section 101(b)(1) and (2), 8 U.S.C. Section 1101(b)(1) and (2).
Can A Green Card Holder Sponsor Siblings? For Step-Siblings
Step-siblings, who are related through marriage, are eligible for the sibling visa under the U.S. code.
If your parent remarried and the new spouse has children, they are considered your step-siblings.
You can qualify for a green card as the step-sibling of your U.S. citizen sibling if:
- Both you and your U.S. citizen step-sibling were under 18 years old when your parents married.
- Your parents are still married.
In addition to Form I-130, you and your step-sibling must provide documentation of the divorce or termination of your parents’ prior marriages.
The dissolution of the marriage(s) must be legal.
You must also submit the marriage certificate of your step-parent and natural parent.
Can A Green Card Holder Sponsor Siblings? For Adoptive Siblings
If your U.S. citizen sibling or you were adopted, you are eligible for a green card as siblings.
However, certain conditions apply to your sibling relationship:
- Both you and your sibling were under 16 years old at the time of adoption.
- The adoption met the legal requirements.
Alongside Form I-130, you and your sibling must present the adoption decree(s) to prove that the adopted child, either you or your sibling, was under 16 years old at the time of adoption.
Can A Green Card Holder Sponsor Siblings? For Paternal Half-Siblings
Paternal half-siblings, who share the same father but have different mothers, have additional requirements when applying for a green card.
In addition to the general requirements, you and your paternal half-sibling must submit the following evidence:
- Copies of the marriage certificates of each mother to the shared father.
- Documents proving the legal termination of any previous marriages involving either your father or mothers.
The processing time for Form I-130 for siblings
The USCIS processes Form I-130 for siblings within a specific timeframe, which is shorter than the overall processing time for the green card application itself.
Upon submission of Form I-130, USCIS issues a receipt notice indicating the expected processing time for the I-130 for siblings.
You can track updates using the receipt number provided in the notice.
Subsequently, USCIS will either approve, deny, or request further evidence for the petition.
Upon approval, you will receive a priority date, determining the immigrant sibling’s position on the waiting list.
Refer to the Department of State’s Visa Bulletin to ascertain the wait time for your category.
What is the duration for sponsoring a sibling to the USA?
The duration to sponsor a sibling to the USA varies and can be lengthy, with differences based on the country of origin.
Although there’s no fixed timeframe, it’s common for petitions to remain pending for 10 years or more.
This extended wait results from the sibling green card being categorized as fourth preference, and there’s a limited number of approved family petitions annually.
Typically, your petition will be placed on a waitlist.
