How to Bring a Sibling to Live in the United States

By Jenn McFadyen

U.S. Citizens may bring their siblings to live in the U.S. - just be prepared for a wait. U.S. Citizens may bring their siblings to live in the U.S. - just be prepared for a wait.

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U.S. Citizens with foreign siblings may petition the U.S. government to allow their sister or brother to enter the United States to live permanently. When your sibling arrives in the U.S. they will be able to adjust their status and apply for permanent residency allowing them to live and work in the U.S. The multi-step process can take years depending on the sibling relationship and country of origin, so get started as soon as you can following these steps.

Instructions

Difficulty: Moderately Challenging

Step1
Determine your eligibility. U.S. citizens at least 21 years old are eligible to petition to bring their sister or brother to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to submit a petition.

You must also be prepared to provide proof that you can support your sibling at 125% above the property line.
Step2
Download and complete form I-130 Petition for Alien Relative.

The U.S. Citizen must provide: a copy of your birth certificate; a Certificate of Naturalization, Citizenship or U.S. passport if you were not born in the U.S.; a copy of your sibling’s birth certificate; and evidence of any legal name changes.

Additional documentation may be required depending on the type of sibling relationship so check the instructions carefully to ensure you provide the necessary supporting documentation.
Step3
Mail the completed petition, supporting documentation and fee to the U.S. Citizenship and Immigration Services (USCIS) District Office designated for your location as instructed on the I-130 form.
Step4
The USCIS will notify the U.S. Citizen of its decision. If approved, the USCIS will also inform the beneficiary and send the petition to the National Visa Center.
Step5
When an immigrant visa number becomes available, the National Visa Center will contact the beneficiary.
Step6
If the foreign sibling is already legally in 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 form I-485, "Application to Register Permanent Residence or Adjust Status".
Step7
If the foreign sibling is outside the U.S. when an immigrant visa number becomes available, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

Upon arrival in the U.S., the foreign sibling may apply to adjust status to that of a lawful permanent resident using the form I-485.

Tips & Warnings

  • You can check on the status of your petition through the Case Service Status Online site provided by the USCIS.
  • The wait for an immigrant visa number may take several years. Priority depends upon the family relationship and the country involved. The U.S. Department of State publishes current priority dates in its Visa Bulletin.
  • Consult U.S. Citizenship and Immigration Services for the most current policies and procedures, follow instructions provided on the forms and consult an immigration attorney if you have any questions.

Photo/Video Credit

Photo courtesy of Wazari at sxc.hu

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eHow Article:  How to Bring a Sibling to Live in the United States

eHow Member: Jenn McFadyen

Jenn McFadyen

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Category: Legal

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