Navigating U.S. immigration to bring your sibling to the United States as a lawful permanent resident can be both challenging and rewarding but if you are a citizen over 21 years old and want them to join you, this Form I-130 guide will show you how.
Understanding Sibling Relationships
This includes biological brothers and sisters, as well as step-siblings and adopted siblings.
Step-Siblings and Adopted Siblings
- Step-siblings: You can petition for your step-sibling if your parents married while you were both under 18 and they remained married.
- Adopted siblings: You can petition for an adopted sibling if the adoption occurred before they turned 16, and certain legal conditions were met.
Understanding the Wait Times
One critical aspect to be aware of is the significant wait times for siblings to obtain U.S. permanent residence. Due to annual limits on green cards in the “Fourth Preference” category, the waiting period can sometimes exceed a decade.
The Initial Step: Form I-130
The first crucial step in this process is to file a petition using Form I-130. To begin, you can download this form for free from the U.S. Citizenship and Immigration Services (USCIS) website. Following that, here’s how to fill it out, based on the latest version issued on 07/20/2021:
Filling Out Form I-130: Step by Step
Filling out Form I-130, Petition for Alien Relative, involves several crucial steps to ensure both accuracy and compliance with USCIS requirements. Therefore, here’s a step-by-step guide to help you navigate the process effectively:
Step-by-Step Guide to Filling Out Form I-130
1. Gather Necessary Documentation
Before starting the form, collect the following essential documents:
- Proof of Petitioner’s Status:
- U.S. citizenship (e.g., birth certificate, passport) or lawful permanent residency (Green Card).
- Evidence of Relationship:
- For adult children, include their birth certificates and any marriage certificates if applicable.
- Additional Supporting Documents:
- Any documents that may support your petition based on your relationship category.
2. Complete Form I-130
The form consists of several parts, each requiring specific information:
Part 1: Relationship
- Indicate your relationship to the beneficiary (e.g., adult son or daughter).
Part 2: Information About You (Petitioner)
- Fill in your full name, other names used, mailing address, date of birth, and immigration status.
- Answer all questions accurately; this section contains multiple sub-questions.
Part 3: Biographic Information
- Provide additional personal details such as race and ethnicity.
Part 4: Information About Your Relative (Beneficiary)
- Include the beneficiary’s full name, address, date of birth, and other requested details.
- This section may require extensive information about the beneficiary’s background.
Part 5: Other Information
- Answer questions regarding any previous petitions filed for other beneficiaries.
Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature
- Sign and date the form. An unsigned form will be rejected by USCIS.
3. Review for Accuracy
Double-check all entries for completeness and accuracy:
- Ensure all names are spelled correctly and that information matches supporting documents.
- Verify that you have signed and dated the form.
4. Filing the Petition
- Submission Method: You can file online through the USCIS website or mail a paper application to the appropriate address based on your situation.
- Filing Fee: As of September 2024, the fee is $625 for online submissions and $675 for paper submissions. Each relative requires a separate application and fee.
5. After Submission
Once submitted:
- Expect a receipt notice from USCIS confirming they have received your petition.
- Be prepared for potential Requests for Evidence (RFE) if additional information is needed.
6. Important Considerations
- Keep copies of all submitted documents and correspondence with USCIS for your records.
- If your adult child marries after you file Form I-130, it may affect their eligibility under certain circumstances.
By following these steps carefully, you can ensure that your Form I-130 is completed accurately and submitted efficiently, paving the way for your adult child’s immigration process.
Required Documents for Submission with Form I-130
To support your Form I-130 petition, include:
- Proof of your U.S. citizenship (birth certificate, passport, naturalization certificate, etc.).
- Proof of your sibling relationship (birth certificates, adoption certificates).
- Required fees.
Where to File Form I-130
You have the option to file the petition either online or by mailing it to the USCIS lockbox, as specified on the USCIS website. Once you choose one of these methods, the lockbox will process the fee and subsequently forward the petition to a USCIS Service Center.
What Happens After Filing Form I-130
After submission, you’ll receive a receipt notice from USCIS with a receipt number to track your case status online. If additional documentation is needed, USCIS will send a request. Eventually, USCIS will provide a decision, and the “priority date” for your sibling’s visa waitlist spot is set based on the petition receipt date.
If denied, it’s often better to refile addressing the denial reasons than to appeal. Consult an immigration attorney for guidance. If approved, USCIS forwards the case to the National Visa Center (NVC) for further processing, leading to a visa interview when the priority date is current. If your sibling is already in the U.S. and eligible, they can file an I-485 for adjustment of status.
Filing Form I-130 for a sibling may seem complex, but it is a manageable process. By paying careful attention to detail and potentially seeking assistance from an immigration attorney, you can successfully help your sibling become a lawful permanent resident in the U.S. Therefore, follow this guide closely as you embark on this important journey.
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 for a Green Card straightforward and successful. Whether you’re applying for a Family-Sponsored Visas or Adjustment of Status, 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 green cards in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
