Navigating the intricate landscape of U.S. immigration law, citizens might wonder about the possibility of sponsoring their half-siblings or step-siblings for a green card because while the process for full biological siblings is clear, there are questions about those who share only part of their lineage and this guide explains the eligibility criteria, application process, and challenges involved in Green Card for Half/Step-Siblings.
Understanding For sponsors’ half-sibling/step-sibling
Sponsoring a Half-Brother or Half-Sister
You can sponsor green card for half/step-siblings under certain conditions, the U.S. immigration law includes siblings who share at least one common parent, making half-blood siblings eligible for sponsorship, to start this process, you need to:
Be a U.S. citizen aged 21 or older.
Provide documentation to USCIS showing that your father was married to your mother, their marriage has legally ended, and your father has married your half-sibling’s mother and if she was ever married, she is also divorced.
Sponsoring a Stepsister or Stepbrother
U.S. citizens over the age of 21 can also sponsor step-siblings. The key requirement is that both you and your stepsibling must have, at some point, met the legal definition of a “child” of a common parent. You do not need to have lived together. To qualify:
- One of you must meet the definition of a “stepchild” under U.S. immigration law, which requires the child to have been under 18 years old when the parents’ marriage took place.
U.S. citizens can sponsor their half-siblings and step-siblings for a green card, but there are specific eligibility requirements and a lengthy process involved.
Sponsoring Green Card for Half/Step-Siblings: Eligibility and Process
Sponsoring Half-Siblings
Eligibility:
- The U.S. citizen must be 21 years of age or older.
- Half-siblings are defined as siblings who share at least one common parent. This includes both maternal and paternal half-siblings.
Documentation Requirements:
- Proof that the shared parent was legally married to both the U.S. citizen’s parent and the half-sibling’s parent.
- If the parents were never married, evidence of legitimation or a significant relationship with the father before age 21 is necessary.
Application Process:
- The U.S. citizen must file Form I-130 (Petition for Alien Relative) with USCIS. This initiates the process for obtaining a green card under the fourth preference category (F4) for siblings.
Sponsoring Step-Siblings
Eligibility:
- Similar to half-siblings, the U.S. citizen must be 21 years old or older.
- At least one of the siblings must meet the definition of a “stepchild,” which requires that they were under 18 years old when their parents married.
Documentation Requirements:
- Proof of the marriage between the U.S. citizen’s parent and the step-sibling’s parent.
- No requirement to have lived together previously.
Application Process:
- The same Form I-130 must be filed, and all relevant documentation must be submitted to establish the relationship
Patience Is Key: Long Waits for Green Cards
Even after filing the visa petition (USCIS Form I-130), there is a significant waiting period for green cards in the sibling category (fourth preference or F4):
- The average wait time is around 16 years.
- For individuals from India, it can be up to 20 years.
- Mexican applicants might wait 23 years.
- Applicants from the Philippines can expect a 21-year wait (as reported in the State Department’s monthly Visa Bulletin).
- During this waiting period, your half-siblings or step-siblings will not be able to live in the U.S. unless they obtain a temporary visa, such as a student or visitor visa. However, U.S. consulates are cautious about granting such visas to individuals with family-based visa petitions on file, due to concerns about potential misuse.
The Uncertain Future of Green Card for Half/Step-Siblings
Be aware that U.S. Congress occasionally considers changes to the immigration system, including the possibility of eliminating the fourth preference visa category. Given these uncertainties, it’s advisable to file the I-130 visa petition as soon as possible.
Challenges and Considerations of Green Card for Half/Step-Siblings
- Long Wait Times: The average wait time for green cards in this category can exceed 16 years, with longer waits for applicants from countries with high immigration rates, such as Mexico and India.
- Temporary Visas: While waiting for their green card, half-siblings or step-siblings typically cannot live in the U.S. unless they secure a temporary visa, which can be difficult due to scrutiny from consulates regarding immigrant intent.
- Potential Policy Changes: There is an ongoing discussion in Congress about immigration reform that could affect the sibling sponsorship category, making it advisable to file petitions sooner rather than later
Seek Legal Counsel for Green Card for Half/Step-Siblings
Navigating U.S. immigration law can be challenging. Given the lengthy process and potential policy changes, consulting an experienced immigration attorney is highly recommended. They can provide a thorough analysis of your sibling’s chances of immigrating and assist with the necessary paperwork, ensuring you take the right steps to bring your half-siblings or step-siblings closer to obtaining their U.S. green cards.
While sponsoring a Green Card for Half/Step-Siblings is complex and time-consuming, it is not impossible. By meeting the eligibility criteria and seeking legal guidance, U.S. citizens can help their loved ones achieve lawful permanent residence in the United States, strengthening family bonds on American soil.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your Sibling’s travel to the US straightforward and successful. Whether you’re applying for a Family Preference Visa (F3) or Employment-Based Immigration, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
