Gavin Howe
If you are a US citizen, you can petition for your brother-in-law from the Philippines to immigrate to the US. The process is lengthy, with wait times ranging from 10 to over 20 years, and involves several steps and requirements. The first step is to submit Form I-130, Petition for Alien Relative, and provide supporting documents such as birth certificates to prove the sibling relationship. Once the petition is approved, the next steps depend on whether your brother-in-law is inside or outside the US. If your brother-in-law is outside the US, an immigrant visa will be issued to him, and he must enter the US before the visa expires. If your brother-in-law is inside the US, he will need to wait for the issuance of his Green Card or Permanent Resident Card. The cost of the process can range from \$1,700 to \$2,000, including fees for an immigration attorney.
Petitioning a brother-in-law from the Philippines
| Characteristics | Values |
|---|---|
| Who can petition? | A US citizen who is 21 or older |
| Who can be petitioned? | A natural, step, or half-sibling of the petitioner |
| Forms | I-130, Petition for Alien Relative |
| Additional documents | Birth certificates of the petitioner and beneficiary, proof of US citizenship, proof of financial support, death certificate (if the beneficiary is a widower) |
| Processing time | 18 months to 25 years |
| Costs | $535 filing fee, $1,700-$2,000 for an immigration attorney, additional costs for obtaining required documentation or a medical examination |
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What You'll Learn
- The petitioner must be a US citizen and at least 21 years old
- Proof of relationship and willingness to financially support your brother-in-law
- The long waiting times for siblings from the Philippines
- The possibility of your brother-in-law visiting the US on a temporary basis while the petition is pending
- The costs associated with the immigration process
The petitioner must be a US citizen and at least 21 years old
To petition for your brother-in-law to immigrate to the United States from the Philippines, you must be a US citizen and at least 21 years old. Permanent residents are not eligible to petition to bring siblings to live in the United States.
The process of petitioning for a sibling to immigrate to the US involves filing a Form I-130, Petition for Alien Relative. This form requires proof of your US citizenship, such as a valid US passport or birth certificate, as well as evidence of your sibling relationship, such as birth certificates for you and your brother-in-law showing at least one common parent. You will also need to demonstrate your financial support for your brother-in-law once they enter the US, typically through an Affidavit of Support.
It's important to note that the waiting times for sibling visa petitions can be lengthy, especially for applicants from the Philippines. The current processing time for applications from the Philippines is approximately 23 years. During this waiting period, your brother-in-law may be able to visit the United States on a temporary basis by applying for a B-2 tourist visa, which requires demonstrating strong ties to their home country and no intention of remaining in the US beyond their visit.
Given the complexity and length of the process, it is highly recommended to consult an immigration lawyer for specific advice and guidance throughout the petitioning process. They can help you navigate the requirements, fees, and potential alternatives to expedite the process.
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Proof of relationship and willingness to financially support your brother-in-law
To petition for your brother-in-law to join you in the United States from the Philippines, you must be a US citizen and at least 21 years old. Permanent residents may not petition to bring siblings to live in the US. The process involves submitting a completed Form I-130, Petition for Alien Relative, which does not require a separate form for your brother-in-law's spouse or unmarried children under 21. Along with the form, you must provide a copy of your birth certificate and your brother-in-law's birth certificate, demonstrating that you share at least one common parent. Additionally, you need to submit evidence of your US citizenship, such as a valid US passport or birth certificate. If your name or your brother-in-law's name has changed, include proof of the legal name change, such as a marriage certificate or court judgment of name change.
To demonstrate your willingness to financially support your brother-in-law, you must complete Form I-864, Affidavit of Support. This form is a legally enforceable contract under Section 213A of the INA, where you agree to use your financial resources to support your brother-in-law until they become a US citizen or accumulate 40 quarters of work, typically within 10 years. As the sponsor, you are responsible for repaying any means-tested public benefits that your sponsored immigrant receives. If you do not fulfil this obligation, the agency or the immigrant can take legal action.
The processing time for bringing siblings from the Philippines is approximately 23 years, and it is even longer for married siblings. However, if you petition for your parents first, they can file for your brother-in-law once they obtain their green card, and the processing time for unmarried children from the Philippines is around 10-12 years. Therefore, it is recommended to file the petition now and explore other options simultaneously, such as an F-1 student visa or employment opportunities.
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The long waiting times for siblings from the Philippines
To petition for your brother-in-law to live in the United States, you must be a US citizen and at least 21 years old. Permanent residents may not petition to bring siblings to live in the US. The first step in the process is to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). The form must be accompanied by a copy of your birth certificate and your brother-in-law's birth certificate, showing that you share at least one common parent. You will also need to provide evidence of your US citizenship.
The wait time for a sibling visa depends on two factors: the visa bulletin waiting period and the USCIS processing time. The visa bulletin is a monthly publication that lists the "cut-off" dates for different green card categories. Your priority date, usually the date you first filed your application, must be earlier than the cut-off date listed for your category. The USCIS processing time is the time it takes for USCIS to review and approve your green card application once you are allowed to submit it. Certain immediate relatives of US citizens, such as spouses, unmarried children under 21, and parents of US citizens over 21, are exempt from the visa bulletin wait and can file their green card application immediately.
While waiting for their immigrant visa number to become available, your brother-in-law must independently maintain a valid nonimmigrant status in the US, such as a student or business visa. If they are illegally in the US (overstayed their visa or failed to maintain their non-immigrant status), they will not be eligible for a green card when their visa number becomes available. If your brother-in-law is outside the US, you may consider other possibilities to bring him to the US, such as an F-1 student visa, through employment, or investment.
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The possibility of your brother-in-law visiting the US on a temporary basis while the petition is pending
If you are a US citizen and are 21 years or older, you can petition for your brother-in-law to immigrate to the US from the Philippines. To do this, you will need to submit a completed Form I-130, Petition for Alien Relative, along with copies of your birth certificates and evidence of your US citizenship. Note that this process can take a significant amount of time, with an estimated processing time of around 23 years for siblings from the Philippines.
While the sibling visa petition is pending, your brother-in-law may be able to visit the United States on a temporary basis, depending on their individual circumstances. To do so, they would need to apply for a nonimmigrant visa, such as a B-2 tourist visa. The B-2 visa allows individuals to visit the United States for tourism, pleasure, or medical treatment. However, it is important to note that there is no guarantee that a visitor visa will be approved, and the decision rests with the U.S. consulate.
To qualify for a B-2 visa, your brother-in-law will need to demonstrate strong ties to their home country and no intention of remaining in the United States beyond their temporary visit. This can be done by providing proof of employment, other ties to their home country, and evidence of return tickets or plans to return home. Additionally, if your brother-in-law has previously overstayed a visa or violated US immigration laws, they may face difficulties in obtaining a visitor visa.
It is recommended to consult an immigration lawyer for specific advice and to explore other possibilities for your brother-in-law to visit or immigrate to the United States.
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The costs associated with the immigration process
To petition your brother-in-law from the Philippines, you must be a US citizen and at least 21 years old. Permanent residents may not petition to bring siblings to live in the US. The process involves submitting a completed Form I-130, Petition for Alien Relative, along with the required documentation, including birth certificates and evidence of US citizenship.
The costs involved in the immigration process from the Philippines to the US can vary depending on the specific circumstances and type of visa being applied for. Here is a breakdown of the potential costs:
- Form I-130 Petition Fee: The USCIS (U.S. Citizenship and Immigration Services) charges a fee for filing the Form I-130, which is currently $535. This fee is subject to change, so it is important to check the USCIS website for the most up-to-date information.
- Visa Application Fees: Depending on the type of visa your brother-in-law is applying for, there may be additional application fees. For example, the nonimmigrant visa application (Form DS-160) requires a $185 government filing fee. Other visa types, such as the K-1 fiancé visa or marriage-based green card, have their own associated costs.
- Civil Document Fees: Obtaining the necessary civil documents, such as birth, marriage, or death certificates, from the Philippine Statistics Authority (PSA) incurs fees. Each certificate costs PHP 365, and there may be additional delivery fees for receiving the documents outside of the Philippines.
- National Bureau of Investigation (NBI) Clearance: The NBI clearance is required for U.S. immigrant visa applications. The cost of this clearance depends on the type of service and can be applied for in person or online.
- Translation Fees: If any documents are not in English, there may be costs associated with having them translated by a certified translator.
- Travel Costs: Your brother-in-law will need to consider the cost of travel to attend visa appointments and interviews, as well as any potential relocation costs if they are approved to travel to the US.
- Medical Costs: Healthcare in the US is expensive, so it is highly recommended that your brother-in-law purchases travel insurance to cover any emergency medical costs during their stay in the US.
- Legal Fees: While not always necessary, some individuals choose to hire an immigration lawyer to guide them through the process. Legal fees can vary depending on the complexity of the case and the lawyer's expertise.
- Appeal Fees: In the event that the visa petition is denied, there may be costs associated with filing an appeal.
It is important to note that the above costs are not exhaustive, and there may be additional expenses incurred during the immigration process. It is always a good idea to research the specific requirements and costs associated with the particular visa your brother-in-law intends to apply for.
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Frequently asked questions
To petition your brother-in-law from the Philippines, you must be a US citizen and at least 21 years old. You will need to submit a completed Form I-130, Petition for Alien Relative, along with proof of your citizenship, such as a valid US passport or birth certificate, and your brother-in-law's birth certificate showing at least one common parent. You must also provide proof of your financial support for your brother-in-law, typically through an Affidavit of Support.
The waiting period for a sibling visa from the Philippines can be quite long, ranging from 18 months to more than 25 years. The processing time for siblings from the Philippines is currently estimated to be around 23 years. However, it's important to note that the waiting list can become long, and the processing times may change.
Your brother-in-law may be able to visit the United States on a temporary basis while the petition is pending, depending on their individual circumstances. They will need to apply for a visa, such as a B-2 tourist visa, and demonstrate strong ties to their home country and no intention of remaining in the US beyond their visit.
In the event of a change in your brother-in-law's marital status, such as the death of a spouse, your father or brother-in-law should contact the USCIS and the National Visa Center. They will need to provide a death certificate or similar document and request a change in the preference category.
