If you are a United States citizen and over 21 years of age, you are eligible to apply for a green card for your sister or brother.  You begin the process by filing a Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).  An immigration lawyer can help you identify the evidence of the sibling relationship you will need to file the petition and will prepare the petition for you.

Though the petition is the first step in the process, your sibling will not recieve a green card right away.  Once the petition is approved by USCIS, your brother or sister will have to wait until a visa number becomes available.  Even if your brother or sister is legally present in the United States when the  petition is approved, he or she cannot get a green card right away.

An approved petition alone does not confer any immigration benefit.  Your sibling will not be able to apply for a work permit or remain in the U.S. beyond her original visa.  It is very important that your brother or sister leave the U.S. and not become out of status!  If your sibling is inside the U.S. when his visa number becomes available but he is out of status, he will have to leave the U.S. and will be barred from getting his green card for at least 3 to 10 years.

If your brother or sister is legally present in the United States when a visa number is available, they may file what is called an application for adjustment of status to become a permanent resident.  They will not have to leave the country and can receive their green card through the mail.

In the previous post, we discussed how to apply for a visa for a brother or sister who is outside the United States.  However, if your brother or sister is already present in the United States, you do not need to apply for a visa.

If your sibling is in the United States when a visa number is available, they may file what is called an application for adjustment of status to become a permanent resident.  Your sibling files for an adjustment of status by submitting Form I-485, Application to Register Permanent Residency, with USCIS.  When filing Form I-485, you must read the instructions carefully and submit all required documentation required for.  Failure to do so may result in your application being delayed or possibly denied.

After your sibling files his application to adjust status, he will be given an appointment at an Application Support Center for biometrics collection, which usually involves being photographed and fingerprinted.  He will also be notified of the date, time, and location for an interview at a USCIS office to answer questions under oath or affirmation regarding his application.  Your relative must attend all interviews.  If his application is approved, your relative will receive his green card in the mail.

This chart outlines the steps involved in adjusting status:

In the last post, we discussed how to begin the process of getting a green card for your brother or sister by filing Form I-130, Petition for Alien Relative with the United States Citizenship and Immigration Services. Once the petition is approved and a visa number is available for your relative, the second step in getting a green card for your brother or sister is to apply for a visa. If your relative is already inside the United States, he or she can apply to adjust status (this will be the subject of another post).

When your relative reaches the “front of the line” (i.e. a visa number becomes available), the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa if he or she resides outside of the United States. This process is referred to as “Consular Processing.”  This chart demonstrates the steps of consular processing:

After your brother or sister submits her application for an immigrant visa, the consular office will schedule him or her for an interview. You will be asked to provide your affidavit support at this time. When your relative is granted an immigrant visa, the consular officer will give them a packet of information known as a “Visa Packet.” This packet should not be opened.

Upon your sibling’s arrival to the United States, they should give their Visa Packet to the Customs and Border Protection officer at the port of entry. If found admissible, your brother or sister will be admitted as a permanent resident of the United States. Your sibling’s green card will be mailed to him or her within 30 days.

If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States as permanent resident (green card holder).  Once your petition for a brother or sister is approved, your relative must wait until a visa number is available.

Only 65,000 visas may be issued to brothers and sisters of U.S. citizens per year.  Because of the numerical cap, there are long waiting periods to obtain a visa in this family immigration category.

China, India, the Philippines, and Mexico are countries with a high demand for U.S. immigrant visas. Because U.S. law also limits the number of immigrant visas available by country, your brother or sister will have to wait longer if they are from those countries.  Waiting times for brothers and sisters from China and India is often ten years or more.  Waiting times for those from Mexico and the Philippines can be much longer.

Your brother or sister’s place in line will be based on the date you file your petition.  Therefore, you may need to file your green card application as soon as possible.  Request a consultation to learn more about how you can sponsor your brother or sister.

As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “green card.”  Here are the top 5 questions we have been asked about sponsoring brothers and sisters for family green cards and our answers:

1.  Am I eligible to apply for a green card for my brother or sister?

In order to bring your sibling (brother or sister) to live in the United States as a permanent resident (green card holder), you must be a U.S. citizen and over 21 years of age.  Permanent residents may not bring siblings to live permanently in the United States.

2.  What do I need to do to get a family green card for my brother or sister?

You begin the process by filing Form I-130, Petition for Alien Relative.  If your relatives are already in the U.S. and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident once a visa number becomes available.

3.  How long will the family green card application process take?

Only 65,000 visas may be issued to brothers and sisters of U.S. citizens per  year.  Because of the numerical cap, there are long waiting periods to obtain a visa in this family immigration category.

Your brother or sister’s place in line will be based on the date you file your petition. Therefore, you should as soon as possible.

When your relative reaches the “front of the line,” the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa.

4.  What documents do I need to file Form I 130 (family green card application)?

You will need the following documents:

1.  Proof of your US citizenship;

2.  A completed Form I 130;

3.  Your birth certificate; and

4.  The birth certificate of your brother or sister

5.  Does sponsoring my relative for a green card require any financial commitment?

Yes.  You must file an affidavit of support before your relative can be issued a family green card.  The affidavit of support helps ensure that new immigrants will not need to rely on public benefits such as Food Stamps, Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families.   If a person for whom you file an affidavit of support becomes a permanent resident and is later given certain public benefits, the agency that gave the benefits can require that you repay that money.