Kara Sears
If you are a US citizen, you may be able to sponsor a family member for a Permanent Resident Card, also known as a Green Card. To petition to bring your brother-in-law to the United States as a Green Card holder, you must be a US citizen and at least 21 years of age. The process for your relative to immigrate to the US requires that both you, as the sponsor, and your relative, as the visa applicant, complete the necessary steps. The process is different depending on whether your family member is already in the US or abroad. Sponsoring a sibling can be a lengthy process, with a waiting period of 18 months to over 10 years.
| Characteristics | Values |
|---|---|
| Who can sponsor? | US citizen |
| Sponsor's age | 21 or older |
| Type of relationship | Biological, through adoption, or through a step-parent |
| Cost | $1,700 to $2,000 |
| Time | 10 years or more |
| Visa type | Immigrant visa |
Explore related products
What You'll Learn
Sponsoring a brother-in-law for a green card
To sponsor a brother-in-law, the US citizen must be at least 21 years old and file a petition (Form I-130) with the United States Citizenship and Immigration Services (USCIS). The process can be lengthy, with extensive waiting times due to processing and visa availability. The brother-in-law must also meet certain health and character requirements. They must pass a medical examination and not have any criminal history or previous immigration violations.
The F4 family-based fourth preference immigrant visa category allows the brother of a US citizen to obtain a green card. This category is for siblings of US citizens and typically has the longest wait time for approval compared to other categories. The date that the first form, the I-130 Petition for Alien Relative, is filed with the USCIS becomes the "priority date," and applications are handled in the order of this date.
It is important to note that permanent residents or green card holders cannot sponsor siblings for permanent residency. Only US citizens are eligible to sponsor their siblings, including half-siblings and siblings related through adoption or a step-parent. The process can be complex, and it is recommended to consult with an immigration lawyer to ensure all requirements are met and the application is complete and thorough.
Claiming Non-Citizen Mother-in-Law: What You Need to Know
You may want to see also
Explore related products
Requirements for US citizens
To sponsor your brother-in-law 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.
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 sibling's spouse or unmarried children under 21 years of age.
- A copy of your birth certificate and a copy of your sibling'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.
- A copy of the adoption decree(s) showing that the adoption took place before you or your sibling (if the adopted child) became 16 years old.
- A copy of the original application or petition that you used to apply for immigrant status.
- A copy of Form I-797, Notice of Action, for the original application or petition.
If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your spouse and/or child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation. If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by email to [email protected] or by writing to the National Visa Center.
Brother-in-Law: Who Qualifies as Immediate Relative?
You may want to see also
Explore related products
Cost of an immigration attorney
A US citizen can sponsor their brother-in-law to live in the United States as a Green Card holder. The US citizen petitioner (or sponsor) must be at least 21 years old and submit a completed Form I-130, Petition for Alien Relative, along with their and their sibling's birth certificates, and evidence of their US citizenship.
The cost of hiring an immigration attorney varies depending on the complexity of the case, the attorney's experience, and the market. Some attorneys may charge by the hour, while others may charge a flat fee for specific tasks or services.
The hourly rate for immigration lawyers generally ranges from $150 to $350. For a Green Card Petition for a Relative, the cost can range from $1,000 to $3,500, while an Adjustment of Status Application can cost between $2,000 and $5,000. These estimates can increase if there are any criminal offenses or immigration violations involved.
Flat-fee rates for certain services at the Sheri Hoidra Law Office, LLC, are quoted as follows:
- Green Card – I-130 Visa Petition Only – where the visa is not immediately available: $2,500 for a relative (spouse/parent/child) and brother/sister
- Green Card – Consular Processing Abroad on approved I-130: $2,500 for an immediate relative (spouse/parent/child) and brother/sister
- Green Card – For cases where the Visa is immediately available and the I-485 can be filed simultaneously: $4,500 for an immediate relative (spouse/parent/child) and brother/sister
It is important to note that attorney fees generally do not include government filing fees or associated costs, and there may be additional charges for travel or other expenses.
Some law firms, like FitzGerald Law Company, offer payment plans and work with clients to set up affordable payment options. It is recommended to do your research, compare multiple attorneys, and ask about their fee structures before making a decision.
Law Firms and Warrants: Who Issues Them?
You may want to see also
Explore related products
Priority dates and wait times
The priority date is the date that the first form, the I-130 Petition for Alien Relative, is filed with the United States Citizenship and Immigration Services (USCIS). This date determines when your sibling's visa will be processed. Applications are handled by preference category in the order of priority date. Once the allotted number of available visas are issued in a year, no more visas will be issued for that year.
The Visa Bulletin is a monthly publication that lists the "cut-off" dates for different green card categories. Your priority date needs to be earlier than the cut-off date listed in the Visa Bulletin for your category. This wait time can vary depending on factors like your country of birth, the type of green card you're applying for, and the workload at the USCIS service center handling your case.
The total wait time to complete the process can be lengthy due to visa backlogs and the complexities of family preference categories. Siblings fall under the "F4" family-sponsored preference category and typically wait the longest for approval compared to other categories. The wait time to get a visa can range from 10 to 14 years, depending on the country your sibling is from.
To understand when your sibling can apply for a visa, you can check the monthly visa bulletin, which shows the current priority dates for the Family-Based Preference category (F4). USCIS also posts estimated processing times for a U.S. citizen filing for a sibling, which can vary depending on the service center processing the petition.
After submitting the I-130 petition, it can take several months to over a year for USCIS to process your application. Once approved, the real wait begins, as it can take decades for a sibling petition to become "current," which is when a green card is available for the sibling.
Ricky's Law: Can Doctors Detain Suicidal, Intoxicated Patients?
You may want to see also
Explore related products
Evidence of a qualifying relationship
To establish a qualifying relationship with a brother-in-law, a person must first be a US citizen. Lawful permanent residents cannot sponsor siblings to live permanently in the US. The qualifying relationship must be between the petitioner and an eligible relative (the beneficiary).
To petition to bring a brother-in-law to live in the US as a Green Card holder, the US citizen petitioner (the sponsor) must submit a completed Form I-130, Petition for Alien Relative. The filing or approval of this petition does not give the beneficiary any immigration status or benefit. The sponsor must be at least 21 years old.
The sponsor must also submit evidence of their US citizenship, such as a copy of their valid US passport, or a copy of their US birth certificate. They must also submit evidence of their relationship with their brother-in-law. This could include a copy of the sponsor's birth certificate and a copy of the sibling's birth certificate, showing that they have at least one common parent.
If the brother-in-law in question is the beneficiary's adopted sibling, they must also submit a copy of the adoption decree(s) showing that the adoption took place before either of them turned 16.
Mayors and Federal Law: Arrests for Non-Compliance?
You may want to see also
Frequently asked questions
Yes, a US citizen can sponsor their sibling, but the process can be complex and lengthy.
To sponsor a brother-in-law, you must be a US citizen and at least 21 years old. You will also need to submit a completed Form I-130, Petition for Alien Relative, and provide evidence of your citizenship and relationship with your sibling.
The entire process, including attorney fees, is likely to cost around $1,700 to $2,000.
The time it takes to get an immigrant visa approved can vary, but siblings typically wait the longest compared to other categories. It can take decades for a sibling petition to become "current," which is when a green card becomes available.
