Us Citizen Sponsoring A Brother-In-Law: What's The Process?

A US citizen can petition for their brother-in-law to live in the United States as a Green Card holder, but they must be at least 21 years old and provide evidence of their citizenship. The process begins with filing Form I-130, which can take anywhere from six months to five years to be approved, and then the beneficiary must apply for an immigrant visa. The wait time for the visa depends on the sibling's country of origin and can take up to 10 to 14 years. Once the visa is issued, the brother-in-law must enter the US before it expires and then wait for their Green Card to be issued.

The petitioner must be a US citizen and at least 21 years old

The first step in the petition process is to file Form I-130 with USCIS. This form is used to petition for an alien relative, and the petitioner must check the "sibling" box in the "relationship" section. The form must be completed accurately, and the petitioner must provide details about their relationship and biographical information. In addition, the petitioner must submit their birth certificate and the birth certificate of their sibling, showing at least one common parent. If the petitioner and their sibling have different parents, they must provide evidence of their relationship, such as a marriage certificate between the petitioner's parents.

It is important to note that the process of filing for a sibling can be lengthy. After submitting the I-130 petition, it can take several months to over a year for USCIS to process the application. Once approved, the wait for an immigrant visa can take anywhere from 10 to 14 years, depending on the country of origin of the sibling. Therefore, it is advisable to seek legal advice to ensure that all documentation is in order and to guide the petitioner through the process.

The petitioner should also be aware of common pitfalls that can lead to delays or denial of their petition. These include incomplete forms or missing proof of relationship. It is crucial to follow the steps carefully and provide all the required documentation to ensure a smooth process.

The brother-in-law must be outside the US when the visa is approved

A US citizen can petition for their brother-in-law to live in the United States as a Green Card holder. The US citizen must be at least 21 years old and provide the necessary documentation. The brother-in-law must be outside the US when the visa is approved. If the brother-in-law is already in the US when the visa petition is approved, he or she may apply for an adjustment of status to become a lawful permanent resident.

The process of petitioning for a sibling can be lengthy. After submitting the I-130 petition, it can take several months to over a year for USCIS to process the application. Once approved, the wait for an immigrant visa can be anywhere from 10 to 14 years, depending on the country of origin. The "F4" (US citizen filing for a brother or sister) processing time is significantly longer compared to other family-sponsored categories.

To successfully complete the process, the US citizen petitioner must submit the following:

• A completed Form I-130, Petition for Alien Relative
• A copy of the US citizen's birth certificate and a copy of the sibling's birth certificate showing at least one common parent
• Evidence of US citizenship, such as a valid US passport or birth certificate
• If anyone's name has been legally changed, evidence of the name change, such as a marriage certificate or name change decree
• Divorce decrees, death certificates, or annulment decrees showing previous marriages of the parents or sibling's parents ended legally

It is important to note that permanent residents may not petition to bring siblings to live permanently in the United States. Only US citizens are eligible to petition for their siblings to become lawful permanent residents. The process can be complex, and it is recommended to seek legal advice to ensure a smooth and efficient process.

File Form I-130 with USCIS

To file Form I-130, Petition for Alien Relative, with USCIS, the first step is to create a USCIS online account. You can file Form I-130 online even if your relative is in the United States and will file Form I-485 by mail. Once you submit your Form I-130 online, USCIS will send a receipt notice to your USCIS online account. Provide a copy of the receipt notice to your relative to include in their Form I-485 packet.

You cannot file your Form I-130 online if you are applying for a fee waiver. You must also not file Form I-485 or Form I-129F online at this time. Only properly filed forms will be accepted and adjudicated.

If your relative's intent to seek consular processing or adjustment of status changes while your petition is pending, you should contact the USCIS office listed on your receipt notice or the USCIS Contact Center. You can also submit a statement of this change along with your relative's updated address to your myUSCIS online account.

If your relative's intent changes after your petition is approved, please follow the instructions provided by USCIS to determine the appropriate action.

It is important to note that the process of filing for a sibling can be lengthy. After submitting the I-130 petition, it can take several months to over a year for USCIS to process your application. Once approved, the wait for an immigrant visa can extend up to 10 or even over 12 years, depending on where your sibling is from.

Submit an affidavit

To submit an affidavit for your brother-in-law, you must be a US citizen and at least 21 years old. Permanent residents cannot petition to bring siblings to live in the United States permanently.

The first step in sponsoring your brother-in-law is to submit Form I-130, Petition for Alien Relative. This form is crucial for establishing the familial relationship between you and your sibling. You will need to provide supporting documents, such as birth certificates or family records, to prove the relationship. Once filed, the United States Citizenship and Immigration Services (USCIS) will process your petition and, if everything is in order, approve it. You can file Form I-130 online or via mail.

After your petition is approved, the next steps depend on whether your brother-in-law is inside or outside the US. If they are outside the US, they will need to attend an interview at the US consulate. During the interview, a consular officer will review their application, documents, and verify their eligibility. If your brother-in-law is already in the US, they may be eligible to apply for an adjustment of status to become a lawful permanent resident without leaving the country.

If your brother-in-law is applying for an immigrant visa, you must submit an Affidavit of Support, Form I-864. By signing this form, you are agreeing to use your financial resources, if necessary, to support your brother-in-law and any dependents. You must also meet the minimum income requirements for sponsorship. If you cannot meet the minimum income requirements using your earned income, you may add the cash value of your assets, including savings accounts, stocks, bonds, and property.

Once your brother-in-law's application is approved, they will receive their immigrant visa and can travel to the US. Upon arrival, they will become a lawful permanent resident and receive their Green Card.

Wait for the Green Card

Once you have submitted Form I-130, received approval, gone to the National Visa Center, and submitted an affidavit, the next step is to wait for the Green Card. This is the final step in the process, and once it is complete, your sibling will become a lawful permanent resident of the U.S. However, it is important to note that the wait time for an immigrant visa can be quite long—anywhere from 10 to 14 years, or even over 20 to 25 years, depending on the country your sibling is from. Countries like Mexico, India, and the Philippines have especially long backlogs due to high demand for immigrant visas. Given the complexity of the process and the potential for lengthy delays, it is highly recommended to consult with an immigration attorney who can help ensure everything is in order and guide you through the next steps, including preparing for the visa interview.

While there is no quick way to speed up the process for siblings, there are steps you can take to ensure your petition moves smoothly. It is essential to carefully follow all instructions and avoid common pitfalls such as incomplete forms or missing proof of relationship, which can lead to unnecessary setbacks and delays. Working with an experienced immigration attorney can help ensure that all forms are filled out correctly and submitted with all necessary evidence. They can also help you navigate any delays that may come up along the way, ultimately speeding up the process.

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