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 filing a petition using Form I-130, which you can download for free from the U.S. Citizenship and Immigration Services (USCIS) website. 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
1: Relationship
- Check “Brother/Sister.”
- These pertain to sibling relationships by adoption. Seek legal advice for specific queries.
2: Information About You (Petitioner)
- Enter N/A if you’re a U.S. citizen.
- Leave blank if you don’t have a USCIS Online Account Number.
- Enter your Social Security Number.
- Provide your name, any other names used, and your mailing address.
- Provide your address history.
- Details about your marital history.
- Information about your parents.
- Details if you are a naturalized citizen.
- Complete as needed.
3: Biographic Information
Provide your biographic details.
4: Information About Beneficiary (Your Sibling)
- Alien Registration Number, if applicable.
- Leave blank if no USCIS online account number.
- Leave blank if no Social Security number.
- Provide your sibling’s current and past names.
- Marital history and children’s details.
- Information about your sibling’s children.
- Past U.S. visits and entry details.
- Passport information.
- Employment details.
- Consult an attorney if your sibling has been in Immigration Court.
- For non-Western “ABC” letter language countries.
- For spouses only.
- For adjustment of status applications.
- Specify the consulate for your sibling’s home country.
5: Other Information
- Previous petition history.
6: Petitioner’s Statement, Contact Information, Declaration, and Signature
Affirm your understanding and provide contact information and signature.
7: Interpreter’s Contact Information, Certification, and Signature
If an interpreter helped you provide their details.
8: Contact Information, Declaration, and Signature of Person Preparing This Petition if Other Than the Petitioner
If someone else prepared the petition, provide their information.
9: Additional Information
Use for any extra details.
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 can file the petition online or mail it to the USCIS lockbox as specified on the USCIS website. The lockbox will process the fee and 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 is a complex but manageable process. With careful attention to detail and possibly the help of an immigration attorney, you can successfully help your sibling become a lawful permanent resident in the U.S. Follow this guide closely to embark on this important journey.
