Immigrating Through A Sibling

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The Process For Immigrating Through A Sibling

U.S. Citizens may petition their brothers and sisters to become lawful permanent residents of the U.S., though holding on through the requisite waiting period is not always easy. For citizens of certain countries, the wait may involve literally decades. In spite of this obstacle, Walker Gates Vela has helped dozens of United States citizens bring their brothers and sisters to live lawfully with them in this country. The best way to see this dream come true is to simply take that first step – call Walker Gates Vela for assistance with a sibling petition.

Am I Eligible To Sponsor My Sibling For U.S. Immigration?

A successful petition for the sibling of a U.S. citizen will meet the following criteria:

  • The petitioner must be a U.S. citizen
  • The petitioner must be 21 years old or over
  • The petitioner must prove the sibling relationship with the beneficiary

Petitions filed for siblings of U.S. citizens permit “derivatives” or “dependents.” This means that, when the priority date is current for your sibling’s petition, his or her spouse and children under 21 years of age may be permitted to immigrate to the United States too.

If you are a permanent resident (Green Card holder), you cannot petition your sibling for immigration.

Documentation You Will Need:

Though some cases may require additional items, the general documentary requirements for a successful sibling petition are:

  • A completed Form I-130
  • A copy of your birth certificate
  • A copy of your sibling’s birth certificate
  • Proof of petitioner’s U.S. citizenship
  • Any fees and auxiliary items required by the United States Citizenship and Immigration Services (USCIS)

How The Process For Immigrating Through A Sibling Works

Siblings are listed in the fourth preference category for immigration. This means that there are a limited number of visas of this type issued by the government each year. While unlimited visas are issued for parents, children, and spouses of U.S. Citizens – and no waiting list is mandated for these types of visa – only a few visas (green cards) each year are made available for siblings. Due to high demand and quota on visas, a sibling beneficiary must to wait for his or her priority date to become current before he or she can complete the immigration process and become a resident of the United States.

Once a petition is filed with USCIS, the brother or sister beneficiary is placed on the waiting list in the order his or her petition was received. You can track the status of your petition through the USCIS website. Even the decision on the first step of the process – the I-130 petition — may take several years. Your waiting time depends a lot on where your sibling is emigrating from – the wait list for persons from Mexico and the Philippines, for example, may be extremely long. During the waiting period, if your brother or sister’s children that you are sponsoring turn 21 or get married, they become ineligible for immigration through this immigration process.

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