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 Sponsor Half-Siblings/Step-Siblings.
Understanding For Sponsor Half-Siblings/Step-Siblings
Sponsoring a Half-Brother or Half-Sister
You can sponsor your half-sibling for a green card 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.
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 Sibling Sponsorship
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.
Seek Legal Counsel For Sponsor Half-Siblings/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 half-siblings or step-siblings for a green card 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.
