When it comes to sponsoring a sibling for a green card in the United States, only U.S. citizens are eligible to initiate the process. Lawful Permanent Residents (LPRs) do not have the ability to sponsor a sibling for a green card. However, step-siblings, half-siblings, or siblings through adoption can also file a petition, but additional documents will be required to establish a direct relationship.
The age and marital status of the foreign sibling are not important factors in determining their eligibility for sponsorship by a sibling. Unlike sponsorship by a parent, these factors do not prevent them from being sponsored.
How do you Start the Process?
To start the process, the U.S. citizen sponsor needs to file Form I-130, Petition for Alien Relative, along with supporting documents that demonstrate their U.S. citizenship. Additionally, documents showing the direct relationship between the sponsor and beneficiary need to be included.
For siblings through adoption, adoption decrees should be provided to prove that the adoption occurred before either party turned 16 years old. In the case of a step-sibling, documents that establish the legal termination of any prior marriages of the biological parent and the step-parent, as well as proof of the current marriage, should be submitted. If the siblings have different biological mothers but share the same father, copies of the marriage certificates of the father to each mother and documents showing the legal termination of any previous marriages should be provided.
Priority Dates
Once the I-130 petition is approved, the beneficiary's priority date is established. Preference categories determine the priority for family members who are not immediate relatives. Siblings have the lowest preference category, and as a result, they often have to wait the longest for visa availability. The availability of a visa depends on the priority date becoming "current" in the monthly Visa Bulletin. The wait times for siblings can sometimes be 16 years or longer.
I-130 Approval versus Green Card Approval
It's important to understand the difference between having an approved I-130 petition and actually receiving a green card. Approval of the I-130 petition establishes the familial relationship and allows the beneficiary to wait for visa availability. However, the actual green card (lawful permanent resident status) is granted through the visa process. Once a visa becomes available, the beneficiary can proceed with the visa application through the State Department. The processing times for visa applications can vary depending on the embassy and whether there is a backlog of cases. It can take up to 3 months or even longer to complete the visa processing.
It's worth noting that immigration laws and policies can change over time, so it's always a good idea to consult with an immigration lawyer and the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date and accurate information regarding the green card process for siblings. Please contact us to schedule an appointment by calling 616-805-3435 or by using the following link: https://marvinlawoffice.com/schedule-a-consultation/
