Sibling of a US Citizen
If you are trying to help your brother or sister obtain legal U.S. residency, you may be eligible to petition on his or her behalf under federal law. As with any type of immigration, the process can be complex and requires a great deal of paperwork, documentation, and patience. To ensure that your sibling is able to join you in the United States, it is in your best interests to speak with a knowledgeable family-based immigration attorney at LS&P Lawyers. It may be possible for you to secure residency for your sibling’s spouse and children, as well. To set up a comprehensive consultation, please call us at (888) 847-2529 for one-on-one legal guidance.
Who is Eligible to Petition for Sibling Immigration?
In order to petition on behalf of your sibling, you must be at least 21 and a U.S. citizen. If you are a lawful permanent resident, you are not eligible to file a petition for a sibling.
You will also need to provide evidence of how you and your sibling are related. It is not necessary for siblings to be directly related to each other by blood. Under U.S. law, siblings may include:
- Brothers and sisters that share at least one biological parent
- Step-brothers and step-sisters who were 18-years-old or younger when their parents married and the parents are still married,
- Adopted siblings who were both younger than 16 when one or both were adopted.
What is the Process of Petitioning a Sibling for U.S. Residence?
To begin the petition process, the U.S. citizen must file a Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, the file will go to the U.S. consulate or embassy in the foreign citizen sibling’s home country and a visa interview will be scheduled.
If the sibling is already in the U.S. legally, maintaining legal status, and the quota is available, he or she may be eligible to file an adjustment of status application. It is recommended that you consult with a reliable immigration lawyer before beginning the petition process to learn about the options.
Unfortunately, even if a petition is approved it can take years for a sibling’s case to be finally approved because it is considered a fourth preference immigration category and only a limited number of visas are available to these applicants each year.
Can I Appeal a Denied Sibling Immigration Petition?
If the USCIS denies your petition for your sibling, the denial will provide an explanation for the denial and options for appealing the denial. At this point, it is in your best interest to consult with an experienced immigration attorney to help you understand how to meet the USCIS requirements your chances of success if you choose to appeal.
One of the most common reasons for a denial is that the USCIS has determined that the family relationship was not genuine or recognized by immigration law. A skilled lawyer will help you and your sibling gather appropriate evidence of your relationship and will defend your case during an appeal. Contact LS&P Lawyers as soon as possible to discuss your options.
NJ Family-Based Immigration Lawyers
Filing for permanent residency on behalf of a sibling is a complicated process that may take years. To help ensure the success of your application, consult with the New Jersey immigration lawyers at LS&P Lawyers without delay. Our legal team has helped numerous clients gain lawful residence on behalf of their siblings. Contact us to learn more about our services.