Definition of a Sibling
A sibling is a brother, sister, stepbrother, stepsister, or adopted
brother or sister. For the necessary sibling relationship to exist,
each person must have been a child of at least one of the same parents.
The siblings need not share the same biological parents as long as
both became “children” at the appropriate time (before
the age of 16 in cases of adoption, and before the age of 18 for
stepchildren).
Overview of the Immigration Process
A legal immigrant (or “lawful permanent resident”) is
a foreign national who has been granted the privilege of living and
working permanently in the United States. There is a three-step process
for your brother or sister to become a legal immigrant:
- The USCIS must approve an immigrant visa petition that you
file for your brother or sister.
- The State Department visa bulletin
must show that a sibling immigrant
visa is available to your sibling, based on the date that
you filed the immigrant visa application.
- If your brother or
sister is outside the United States when an immigrant visa
number becomes available, your brother or
sister
will be notified to go to the local U.S. consulate to complete
the processing for an immigrant visa. If your sibling is
legally inside the U.S. when an immigrant visa number becomes
available,
he or she may apply to adjust status to that of a lawful
permanent resident using the Form I-485.
Depending on the relationship and
the country involved, the wait for an available sibling visa
number may be several years. You
may refer to the Department
of State’s Visa Bulletin for
current priority
dates.
- Need Help? Call us at -
California (916)-669-0649
Florida (239)-643-5529
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission
of all aliens (foreigners) to the United States. For the part
of the law concerning immigrant visas for siblings, please see
INA § 203 and INA § 204. The specific eligibility requirements
and procedures for applying for immigrant visas and permanent
residence are included in the Code of Federal Regulations [CFR]
at 8 CFR § 204.1 and 8 CFR § 204.2.
Who is Eligible to Sponsor a Sibling?
If you are a U.S. citizen and at least 21 years old, you are
eligible to petition to bring your brother or sister to live and work
permanently in the United States. If you are a lawful permanent
resident, you are not eligible to apply to bring your brother
or sister to live and work permanently in the United States.
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