Helping Brothers and Sisters Immigrate to the U.S.

Any U.S. citizen who is 21 or older can file for their brothers and sisters. In your petition, you will have to prove your relationship.

Filing a relative petition and proving a qualifying relationship is the first step to obtaining a green card for your brother or sister.  Each sibling needs their own petition.

The petition gives your brother or sister a place in line among others waiting to immigrate. When the place in line is reached, your sibling may be eligible to apply to immigrate.

Your sibling’s place in line will be based on the date you file your petition, so there is an advantage to filing as soon as possible.

In most cases, when your sibling’s place in line is reached and he or she applies to immigrate, his or her spouse and unmarried children under 21 can apply as dependents.

For example, if you file a petition for your sister, you cannot directly petition for her husband and children. However, they can apply for immigrant visas with her, when her place in line is reached.

U.S. citizens may petition for spouses, parents, children, sons and daughters, and brothers and sisters. Lawful permanent residents may petition for spouses, children, and unmarried sons and daughters. Only these close relationships qualify for family-based immigration petitions.

The combination of high demand and the limits set by law on how many people can immigrate each year means your brother or sister may have to wait several years while petitions that were filed before theirs are served. When your sibling reaches the “front of the line”, the Department of State contacts them and invites him or her to apply for an immigrant visa. If you are interested in current wait times for visa numbers, see the most recent Visa Bulletin.

Your approved petition gives your brother or sister a place in line among those waiting to immigrate. It does not let him or her come to the U.S. or remain here until he or she can apply for permanent residence. Your sibling should wait outside the U.S. to immigrate legally. If a brother or sister comes or stays without legal status, it will affect his or her eligibility to become a permanent resident when their place in line for a visa is reached.

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your brother or sister’s immigration by filing a relative petition, then when the time comes, you must agree to be his or her financial sponsor and file an affidavit of support. If you do not meet the financial qualifications, then other individuals (co-sponsors) will also have to make this commitment.

General instructions are included with the I-130 relative petition, and USCIS posts updates and fees on its web site. The I-130 petition is a legal case and mistakes or misrepresentations can jeopardize your child's chances of ever immigrating to the United States. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the petition is complete and includes all of the necessary evidence to support your sibling's eligibility.

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Normally, when USCIS approves the petition, notice will be sent to the U.S. State Department’s National Visa Center (NVC). Once your brother or sister’s place in line for a visa number is reached, the NVC will notify them, inviting him or her to apply for immigrant visas at the nearest U.S. Embassy.

Processing time depends on a number of factors. You can check USCIS current processing times on our web site. Due to government backlogs and limited resources, USCIS will often postpone processing a case if the priority dates listed on the Visa Bulletin for that category represent a long waiting line for available visa numbers.