Anaya Nolan
US citizens can sponsor their siblings for an immigrant visa, which allows them to live in the US as permanent residents. To do this, the US citizen must be at least 21 years old and submit a completed Form I-130, along with evidence of their citizenship and proof of their relationship with their sibling. In some cases, a US citizen may also be able to sponsor their sibling for a non-immigrant visa, such as a B2 visitor visa, if they meet certain requirements. This allows the sibling to visit the US for a temporary period without intending to stay permanently.
Can I get a visa for my sister-in-law?
| Characteristics | Values |
|---|---|
| Country | United States |
| Visa Type | Immigrant visa, non-immigrant visa, B2 visitor visa, NIV non-immigrant visa |
| Requirements | Completed Form I-130, birth certificates, evidence of U.S. citizenship, adoption decree |
| Additional Information | The petitioner must be a U.S. citizen and at least 21 years old, the visa process may involve interviews and medical examinations, and there are specific instructions for following-to-join benefits and checking the status of the petition |
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What You'll Learn
Sponsoring a visa for your sister-in-law
If you are a US citizen and want to sponsor a visa for your sister-in-law to come and live with you in the United States, you must be at least 21 years of age. Permanent residents may not petition to bring family members to live with them in the United States.
To begin the process, you must submit a completed Form I-130, Petition for Alien Relative. You do not need to file a separate Form I-130 for your sister-in-law's spouse or unmarried children under 21 years of age. Along with the form, you must also submit a copy of your birth certificate and a copy of your sister-in-law's birth certificate, showing that you have at least one common parent. You must also provide evidence of your US citizenship, such as a copy of your valid US passport or birth certificate. If your sister-in-law has been adopted, you must provide a copy of the adoption decree(s) showing that the adoption took place before either of you turned 16 years old.
If you have children who did not obtain permanent residence at the same time as you, they may be eligible for follow-to-join benefits. This means that you do not need to submit a separate Form I-130 for them, and they will not have to wait for a visa number to become available. You simply need to notify a US consulate that you are a permanent resident so that your children can apply for an immigrant visa. To be eligible for these benefits, the relationship must have existed at the time you became a permanent resident, and you must have received an immigrant visa or adjusted your status in a preference category. In this case, you may submit a completed Form I-824, Application for Action on an Approved Application or Petition.
If you received your immigrant visa overseas, you can contact the National Visa Center (NVC) for follow-to-join information by sending an email to [email protected] or by writing to the National Visa Center at the following address: National Visa Center, ATTN: WC 32 Rochester Ave.
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B2 Visitor Visa for sisters
If you are a US citizen and your sister is from another country, she will need to apply for a B2 visitor visa to visit you in the US. The B2 visitor visa is a tourist visa that allows individuals to enter the US temporarily for a specific purpose.
To apply for a B2 visitor visa, your sister will need to complete the DS-160 form and attend an interview. During the interview, she will need to demonstrate her eligibility for the visa and her intention to return to her home country after her visit. She may also be asked to provide additional documents, such as proof of ties to her home country, which can include economic, social, or family commitments. It is important to note that previous visits to the US or other countries do not guarantee visa approval, and the decision is at the discretion of the consular officer.
As the person inviting your sister, you can provide support and assistance but cannot complete the application or attend the interview on her behalf. You can, however, write a formal letter of invitation indicating the specific reason for the visit, such as providing moral support during a medical procedure, and include information about your US immigration status. This letter can help strengthen your sister's application and demonstrate her purpose of travel.
The processing time for a B2 visitor visa may vary, and it is recommended not to purchase plane tickets in advance until the visa is approved and stamped in the passport. Once approved, your sister can stay in the US for up to six months initially and can apply for extensions if needed, with no specified limit on the number of extensions. However, it is important to note that visitors on a B2 visa are not allowed to work in the US during their stay.
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Form I-130 for siblings
To petition to bring your sibling to live in the United States as a Green Card holder, you must be a US citizen and at least 21 years old. Permanent residents may not petition to bring siblings to live permanently in the United States. The main form that must be completed for a sibling Green Card is Form I-130, officially titled 'Petition for Alien Relative'. The filing fee for Form I-130 is $535.
Form I-130 is the first step in helping an eligible relative apply to immigrate to the United States and apply for a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit. Generally, after the petition is approved, your relative may apply for a Green Card. If your relative is already in the United States and an immigrant visa is available, they may be eligible to apply for their Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Along with Form I-130, you must submit a copy of your birth certificate and a copy of your sibling's birth certificate, showing that you have at at least one common parent. If you are related to your sibling through adoption, you must also submit the adoption decree for you or your sibling. The adoption must have taken place before either you or your sibling turned 16 years old. If either you or your sibling has had a legal name change, you must submit documents of the name change with any other required evidence.
In most instances, the beneficiary of a pending or approved immigrant visa will not be eligible for a nonimmigrant visa, although certain exceptions may apply. If the visa petition is denied, the denial letter will tell you how to appeal and when to file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals.
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Adjustment of status
To be eligible for an adjustment of status, you must first determine if you fit into a specific immigrant category. These categories include whether your sponsor is a citizen or lawful permanent resident. Generally, immediate family members of citizens and green card holders, such as spouses, parents, and children under 21 years old, can benefit from this procedure. In some cases, siblings may also be eligible.
To initiate the adjustment of status process, the sponsoring family member must file Form I-130, Petition for Alien Relative, to establish the familial relationship. Once this petition is approved by the U.S. Citizenship and Immigration Services (USCIS), the applicant can then file Form I-485, Application to Register Permanent Residence or Adjust Status.
It is important to note that beneficiaries of sibling petitions typically need to meet additional requirements, such as maintaining lawful nonimmigrant status during their stay in the United States. Additionally, certain exceptions to the visa availability requirement may apply depending on the specific immigrant category.
Given the complexity of the process and the potential for errors, it is advisable to consult an experienced immigration attorney to improve the chances of a successful application. They can help navigate the paperwork, determine eligibility, and guide you through the process.
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National Visa Center (NVC)
The National Visa Center (NVC) handles processing for certain kinds of documents, sending them onward to US embassies and consulates. After the US Citizenship and Immigration Services (USCIS) approves your request to immigrate to the US, the USCIS sends your petition to the NVC. The NVC will request the immigrant visa application fee and all documents. The NVC will hold your petition and all documentation until your immigrant visa interview can be scheduled at a US embassy or consulate.
The date you filed your immigrant visa petition is called the Priority Date, and you will need to check the Visa Bulletin. If your Priority Date matches or will soon match the most recent date allowed (the Cut-Off date), the NVC will request the immigrant visa application fee and all documents. The NVC will notify you once your petition is ready or will soon start processing. The Visa Bulletin is updated monthly.
The NVC will schedule the visa interview before sending your file to the Immigrant Visa Unit at the Embassy. The NVC will not schedule the visa interview until you have completed all the necessary steps, including completing all the required forms and submitting copies of all the applicable documents. You will receive an appointment letter from the NVC confirming the date and time you are required to appear at the Embassy for the visa interview once your application has been processed.
A medical examination must take place at least five working days before the visa interview. If the results of the medical examination are not received in time for the interview, your application will be refused pending receipt of the required report.
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Frequently asked questions
Yes, you can apply for a B2 visitor visa for your sister-in-law to come and temporarily stay with you during your recovery. You will need to provide an invitation letter detailing your plans and explaining why you need her support during this time.
Your sister-in-law will need to attend an interview and demonstrate her intention to return to her home country. She will also need to present her purpose for visiting. Previous visits to the US or other countries are not required but may be worth mentioning.
It is not recommended to purchase plane tickets in advance. Your sister-in-law will not be expected to present a flight ticket as evidence of her plan to return.
Your sister-in-law will need to fill out the DS160 application form and provide evidence of her ties to her home country. She will not be expected to present a PCC or undergo a medical exam.
In most cases, the beneficiary of a pending visa will not be eligible for a nonimmigrant visa. Therefore, your sister-in-law cannot enter the US prior to the approval of her visa petition.
Please note that I am only able to provide general information and that you should refer to official government sources for specific and up-to-date guidance.
