Anaya Nolan
If you are a US citizen and want to bring your sister-in-law to the United States, you can petition for her to obtain a Green Card and become a lawful permanent resident. The process is complex and involves lengthy wait times due to annual visa caps and extensive documentation requirements. You must be at least 21 years old and be able to provide proof of your citizenship and sibling relationship. If your sister-in-law is outside the US, she will need to complete the process for an immigrant visa once notified by the Department of State's National Visa Center. If she is already in the US legally, she may apply for an adjustment of status with the appropriate USCIS Regional Service Center. The process requires a completed Form I-130, Petition for Alien Relative, and may involve additional fees for obtaining necessary documentation and legal services.
| Characteristics | Values |
|---|---|
| Who can petition for a sister-in-law? | A U.S. citizen who is at least 21 years old. |
| Who cannot petition for a sister-in-law? | Lawful permanent residents (green card holders) |
| What is the cost of petitioning? | $535 as of February 2023, but the total cost including an immigration attorney is likely to be $1,700 to $2,000. |
| What is the process for petitioning? | File Form I-130, Petition for Alien Relative. Submit proof of U.S. citizenship, birth certificates, and proof of sibling relationship. |
| Can I include my sister-in-law's family in the petition? | Yes, you can include your sister-in-law's spouse and unmarried children under 21. |
| What if my sister-in-law is already in the U.S.? | If your sister-in-law is legally in the U.S. when the visa petition is approved, she may apply for adjustment of status to become a lawful permanent resident. |
| What if my petition is denied? | You can appeal the decision by submitting an Appeal Form and paying a fee. |
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What You'll Learn
Sponsoring a sister for a green card
If you are a US citizen, you can sponsor your sister for a green card. The F4 family-based fourth preference immigrant visa category allows the sister of a US citizen to obtain a green card. To be eligible to sponsor your sister, you must be at least 21 years old. Permanent residents are not eligible to petition for a sibling.
To successfully complete the process, the US citizen petitioner (i.e., the sponsor) must submit the following:
- A completed Form I-130, Petition for Alien Relative. Note that you do not need to file a separate Form I-130 for your sister's spouse or unmarried children under 21 years of age.
- A copy of your birth certificate and a copy of your sister's birth certificate showing that you have at least one common parent.
- Evidence that you are a US citizen, such as a copy of your valid US passport or a copy of your US birth certificate.
- If your sister is adopted, a copy of the adoption decree(s) showing that the adoption took place before she became 16 years old.
If your sister is outside the US when the visa petition is approved and an immigrant visa number becomes available, the Department of State's National Visa Center will notify her to complete the processing for an immigrant visa. If she is already legally inside the US when the visa petition is approved, she may apply for an adjustment of status to that of a lawful permanent resident with the appropriate USCIS Regional Service Center.
It is important to note that there are different requirements for sponsoring a biological sister, half-sister, stepsister, or adopted sister. For example, if you are sponsoring a stepsister, you must provide evidence that your parents were married before your 18th birthday. Additionally, the extensive wait times for F4 category green cards, which currently exceed 10 years, may discourage some applicants.
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Eligibility requirements for petitioners
To petition for your sister-in-law to become a lawful permanent resident in the United States, you must be a U.S. citizen and at least 21 years old. Lawful permanent residents are not eligible to petition for a sibling. If you are a U.S. citizen, you can petition for your married or unmarried sister-in-law to come to the United States.
The process involves navigating complex immigration laws and adhering to strict guidelines. It is important to understand the lengthy wait times associated with sibling petitions due to annual visa caps and the high volume of applications. The current wait times exceed ten years.
To successfully complete the process, you must submit the following:
- A completed Form I-130, Petition for Alien Relative. Note that you do not need to file a separate form for your sister-in-law's spouse or unmarried children under 21 years of age.
- 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. If anyone's name has been legally changed, you must provide evidence of the name change, such as a marriage certificate or name change decree.
- Evidence that you are a U.S. citizen, such as a valid U.S. passport or a copy of your U.S. birth certificate.
- Proof that you are willing to financially support your sister-in-law once they enter the United States, typically through the submission of an Affidavit of Support.
It is important to note that your sister-in-law must not have any disqualifying factors that would make them ineligible for a visa, such as a criminal record or certain medical conditions. Additionally, if your sister-in-law is outside the U.S. when the visa petition is approved, they will be notified by the Department of State's National Visa Center to complete the processing for an immigrant visa. If they are already legally inside the U.S., they may apply for an adjustment of status with the appropriate USCIS Regional Service Center.
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Eligibility requirements for beneficiaries
To petition for your sister-in-law to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years old. Lawful permanent residents are not eligible to petition for a sister-in-law.
To successfully complete the process, the U.S. citizen petitioner (i.e., the sponsor) must submit the following:
- A completed Form I-130, Petition for Alien Relative. Note: 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.
- 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.
- Evidence that you are a U.S. citizen, such as a copy of your valid U.S. passport or birth certificate.
- If anyone's name has been legally changed, evidence of the name change (e.g., marriage certificate, name change decree).
- Marriage certificates of the petitioner's parents to each other and the beneficiary's parents to each other.
- Proof that any previous marriages ended legally (e.g., copies of divorce decrees, death certificates, or annulment decrees).
- Evidence of a bona fide parent-child relationship between the common parent and the child born out of wedlock before the child turned 21 or married.
- If the sister-in-law is or has been married, evidence of the marriage(s) to prove that the stepsibling was once a "child" of the stepparent.
If the sister-in-law is outside the U.S. when the visa petition is approved and an immigrant visa number becomes available, she will be notified by the Department of State's National Visa Center to complete the processing for an immigrant visa. If she is already legally inside the U.S. when the visa petition is approved, she may apply for adjustment of status to that of a lawful permanent resident with the appropriate USCIS Regional Service Center.
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Required documents for petitioners
To petition for your sister-in-law to immigrate to the United States, you must be a US citizen and at least 21 years old. The first step is to complete and file Form I-130, Petition for Alien Relative, with the USCIS, along with the required filing fee. This form establishes the qualifying relationship between the petitioner and the beneficiary (the foreign relative).
The specific documents required vary depending on the nature of the relationship between the petitioner and the beneficiary, but here is a general list of what you will need:
- Evidence of the petitioner's US citizenship: this can be a copy of a certificate of naturalization, a copy of the biographic page of a US passport, or a copy of a birth certificate.
- Two colour photographs (dimension of 2"x2") of the petitioner and two of the beneficiary (your sister-in-law).
- Proof of the relationship between the petitioner and beneficiary: this can include birth certificates, marriage certificates, and evidence of legal name changes, if applicable.
- If anyone's name has been legally changed, evidence of the name change, such as a marriage certificate or name change decree.
- Evidence of the termination of any previous marriages, such as divorce decrees, death certificates, or annulment decrees.
- If the petitioner or beneficiary was born out of wedlock, evidence of legitimization before the child turned 18 and was unmarried.
- If the petitioner and beneficiary are step-siblings, evidence of the civil marriage between the petitioner's mother and stepfather or the petitioner's father and stepmother.
- If the beneficiary is outside the US when the visa petition is approved, they will need to complete processing for an immigrant visa with the Department of State's National Visa Center (NVC). This includes submitting the necessary immigrant visa application forms, paying the required fees, and submitting supporting documents, such as affidavits of support, police certificates, and medical examinations.
The entire process can be complex and lengthy, so it is recommended to seek guidance from an immigration attorney to ensure all paperwork is completed accurately and submitted on time.
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Required documents for beneficiaries
To petition for your sister-in-law to become a lawful permanent resident in the United States, you must be a U.S. citizen and at least 21 years old. Permanent residents are not eligible to petition for siblings-in-law. Here is a list of the required documents for beneficiaries:
- A completed Form I-130, Petition for Alien Relative. Note that 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.
- 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.
- Evidence that you are a U.S. citizen, such as a copy of your valid U.S. passport or birth certificate.
- If anyone's name has been legally changed, evidence of the name change, such as a marriage certificate, name change decree, divorce decree, adoption decree, or court judgment of name change.
- If your sister-in-law is outside the U.S. when the visa petition is approved and an immigrant visa becomes available, she will need to complete the processing for an immigrant visa with the Department of State's National Visa Center.
- If your sister-in-law is already legally in the U.S. when the visa petition is approved, she may apply for an adjustment of status with the appropriate USCIS Regional Service Center.
- If your sister-in-law has been previously married, evidence of the marriage is required to prove that she was once a "child" of the stepparent.
- A copy of the adoption decree(s) showing that the adoption took place before your sister-in-law became 16 years old.
- Copies of documents showing that any prior marriages of your parents were legally terminated, such as divorce decrees, death certificates, or annulment decrees.
- If you are filing for your sister-in-law's spouse and/or child overseas, you can file Form I-824 with your Form I-485. This does not require any supporting documentation.
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Frequently asked questions
Yes, you can petition for your sister-in-law if she is your sibling's spouse. You can also include her unmarried children under the age of 21 in the petition.
You must be a U.S. citizen and at least 21 years old to petition for your sister-in-law. Lawful permanent residents are not eligible to petition for their siblings. You will need to submit a completed Form I-130, Petition for Alien Relative, and provide proof of your relationship with your sister-in-law, such as birth certificates or marriage certificates.
The general filing fee for an I-130 petition is $535, but there may be additional fees for obtaining required documentation or medical examinations. The total cost, including legal fees, can range from $1,700 to $2,000.
The processing time can vary, but currently, the wait times for F4 category green cards exceed 10 years due to the high volume of applications and limited availability.
Yes, your sister-in-law may be able to visit the U.S. on a temporary basis while the petition is pending, but she will need to apply for a nonimmigrant visa such as a B-2 tourist visa. She will need to demonstrate strong ties to her home country and provide evidence of her intent to return.
