How Siblings Can Help Each Other Adjust Their Legal Status

Immigration is a complex process that requires a lot of paperwork, documentation, and patience. In the United States, a sibling can petition for another sibling to live in the country as a Green Card holder, but only if they are a U.S. citizen and at least 21 years old. Permanent residents cannot petition to bring siblings to live in the U.S. as a Green Card holder. The process of petitioning for a sibling to live in the U.S. involves filing a Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the file will be sent to the U.S. consulate or embassy in the foreign citizen sibling's home country, and a visa interview will be scheduled. If the sibling is already in the U.S. legally and maintaining legal status, they may be eligible to file an adjustment of status application. However, it is important to note that siblings are not eligible for an I-485 immediate adjustment of status, and the process of obtaining a Green Card for a sibling can take a significant amount of time, sometimes up to several years.

Can a sibling adjust status for another sibling-in-law?

A US citizen sibling can petition for another sibling to live in the US as a Green Card holder

A US citizen can petition for another sibling to live in the US as a Green Card holder. The process is known as family reunification and can be complex and lengthy, so it is recommended that petitioners seek the help of an immigration attorney.

To be eligible to petition, the US citizen must be over 21 years of age. Permanent residents are not eligible to file a petition for a sibling. The petitioner must be a brother or sister of the beneficiary and must provide proof of their relationship, such as birth certificates showing at least one common parent. They must also prove their US citizenship with a valid passport or birth certificate.

To begin the petition process, the US citizen must file a Form I-130, Petition for Alien Relative, with the US Citizenship and Immigration Services (USCIS). This form can take between six months and a year to be approved, and sometimes longer due to workload, errors in the application, or other factors. Once approved, the file will go to the US consulate or embassy in the foreign citizen's home country, and a visa interview will be scheduled. The beneficiary must then wait for an immigrant visa to become available. This process can take months or years, depending on the circumstances and the sibling's country of origin.

If the sibling is already in the US legally and maintaining legal status, they may be eligible to file an adjustment of status application. This allows them to change their immigration status from non-immigrant (temporary) to immigrant (lawful permanent resident status) without having to return to their native country to apply for a Green Card.

The US citizen petitioner must be 21 or older and submit Form I-130

To petition for a sibling's immigration to the US, the petitioner must be a US citizen and be at least 21 years old. Lawful permanent residents are not eligible to file a petition for a sibling. The petitioner must submit Form I-130, also known as the "Petition for Alien Relative", to the U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship between the petitioner and the beneficiary, who is the sibling wishing to immigrate to the US. The form also indicates the petitioner's willingness to support their sibling financially.

Form I-130 requires proof of U.S. citizenship, such as a birth certificate, passport, certificate of naturalization, or Form FS-20. Additionally, proof of the sibling relationship is needed. For blood-related siblings, a copy of the birth certificate listing the common parent(s) is sufficient. For step-siblings, certificates showing the marriages of the parents are also required. Adopted siblings must provide relevant adoption documentation. The fee for filing Form I-130 is $625 for online submissions and $675 for paper filings.

After submitting Form I-130, the USCIS may schedule an interview with the petitioner and the sibling to confirm the information provided. If the petition is approved, the case is forwarded to the U.S. consulate or embassy in the foreign citizen sibling's home country, and a visa interview is scheduled. If the sibling is already in the U.S. legally and maintaining legal status, they may be eligible to file an adjustment of status application. However, it is important to note that the approval of Form I-130 does not automatically grant any immigration benefits or status. The sibling must still go through the necessary steps to obtain a green card and immigrate to the United States.

The process is complex and requires a lot of paperwork, documentation, and patience

The process of adjusting the status of a sibling-in-law is intricate and time-consuming, demanding a multitude of documents and unwavering perseverance. To initiate the process, the U.S. citizen must submit a Form I-130, formally known as a Petition for Alien Relative, to the U.S. Citizenship and Immigration Services (USCIS). This form is pivotal in establishing the existence of a legitimate familial relationship. Along with this form, the petitioner must furnish a plethora of supporting documents, including birth certificates of both the petitioner and the sibling, which unequivocally demonstrate that they share at least one biological parent. Alternatively, if the sibling is adopted, an adoption decree proving that the adoption occurred before the sibling turned 16 years old can be provided.

In scenarios where there have been prior marriages within the family, legal documentation terminating those marriages, such as divorce decrees, becomes imperative. Furthermore, if there has been a legal name change for either the petitioner or the sibling, substantiating this alteration with official records like marriage certificates, court judgments, or adoption decrees is essential. This meticulous attention to detail in providing documentation is crucial, as any discrepancies or omissions could jeopardize the entire process.

Upon the submission of Form I-130, the petitioner must patiently await its approval by the USCIS. This step can be particularly protracted, often taking anywhere between 8 and 14 months, depending on factors such as the workload of the USCIS, the completeness of the application, and the necessity of an interview. Once the petition is approved, the case will be forwarded to the U.S. consulate or embassy in the foreign citizen sibling's home country, where a visa interview will be scheduled. This interview is a critical juncture in the process, as it can make or break the sibling's chances of securing the visa.

If the sibling is already legally residing in the U.S. and maintaining their legal status, they may be eligible to file an adjustment of status application. This application, known as Form I-485, serves as the gateway to adjusting their status to that of a permanent resident. However, it is important to note that even with an approved petition, the process can still take years due to the limited number of visas allocated to this specific category each year. This underscores the necessity of meticulous preparation, patience, and, often, legal guidance to navigate the complexities of the process successfully.

The petitioning sibling should consult an immigration attorney to ensure a successful application

The petitioning process for a sibling to adjust their status and immigrate to the United States is complex and can be overwhelming. It involves a lot of paperwork, documentation, and patience. It is, therefore, advisable to consult an immigration attorney to ensure a successful application.

An immigration attorney will be well-versed in the ever-evolving landscape of immigration laws and regulations. They can guide you through the eligibility criteria, which includes being a US citizen and being 21 or older. They can also help you understand the requirements, such as providing proof of your citizenship and establishing your relationship with your sibling. This is done by submitting Form I-130, or the Petition for Alien Relative, which is a crucial step in the process.

An attorney can also help you navigate the complexities of the immigration process, which can be challenging due to its legal intricacies and procedural nuances. They can provide personalized guidance, tailored to your specific case, and offer strategic advice to overcome potential challenges. For example, they can help you gather appropriate evidence of your relationship with your sibling if the USCIS denies your petition.

Additionally, an immigration attorney can help you understand the subsequent steps after submitting Form I-130. They can guide you through the process of waiting for approval from the USCIS, which can take six to twelve months, or even years, depending on the circumstances. They can also assist in understanding the availability of immigrant visas for your sibling, as there is a limited number of visas available each year for siblings of US citizens.

Overall, consulting an immigration attorney can provide you with the knowledge and support to enhance the chances of a successful application and ensure a seamless petitioning process.

The sibling being petitioned for must have a legal entry and maintained status since that entry

If you are a US citizen and want to help your brother or sister obtain legal US residency, you may be eligible to petition on their behalf. To do this, you must be at least 21 years old and a US citizen. If you are a lawful permanent resident, you are not eligible to file a petition for your sibling.

The process of petitioning for a sibling to obtain US residency can be complex and requires a lot of paperwork, documentation, and patience. It is important to consult with an experienced immigration attorney to ensure that your petition is successful.

One of the most important requirements for a sibling to obtain US residency through a petition is that they must have a legal entry and have maintained their status since that entry. This means that the sibling being petitioned for must have entered the US legally and have maintained their legal status while in the country. If they have overstayed a past visa or have been placed in removal or deportation proceedings, this could affect their eligibility for a green card.

To establish the relationship between the petitioner and the sibling, Form I-130 must be filed. This form must be completed accurately and accompanied by proof of the relationship, such as birth certificates showing a common parent. The processing time for Form I-130 can vary, but it generally takes several months. Once the form is approved, the sibling's priority date is set, and they can proceed with consular processing or adjustment of status.

Frequently asked questions