Definition of a Sibling
A sibling is a brother, sister, stepbrother, stepsister, or adopted brother
or sister. For the necessary sibling relationship to exist, each
person must have been a child of at least one of the same parents.
The siblings need not share the same biological parents as long as
both became “children” at the appropriate time (before
the age of 16 in cases of adoption, and before the age of 18 for
stepchildren).
Overview of the Immigration Process
A legal immigrant (or “lawful permanent resident”) is a foreign
national who has been granted the privilege of living and working permanently
in the United States. There is a three-step process for your brother
or sister to become a legal immigrant:
- The USCIS must approve an immigrant visa petition that you
file for your brother or sister.
- The State Department visa bulletin must show that a sibling
immigrant visa is available to your sibling, based on the date
that you filed the immigrant visa application.
- If your brother or sister is outside the United States when
an immigrant visa number becomes available, your brother or sister
will be notified to go to the local U.S. consulate to complete
the processing for an immigrant visa. If your sibling is legally
inside 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 the Form I-485.
Depending on the relationship and the country involved, the wait
for an available sibling visa number may be several years. You
may refer to the Department
of State’s Visa Bulletin for current priority
dates.
- Need Help? Call us at -
Orlando, FL (407)-574-7024
Naples, FL (239)-643-5529
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission
of all aliens (foreigners) to the United States. For the part of the
law concerning immigrant visas for siblings, please see INA § 203
and INA § 204. The specific eligibility requirements and procedures
for applying for immigrant visas and permanent residence are included
in the Code of Federal Regulations [CFR] at 8 CFR § 204.1 and
8 CFR § 204.2.
Who is Eligible to Sponsor a Sibling?
If you are a U.S. citizen and at least 21 years old, you are
eligible to petition to bring your brother or sister to live
and work permanently in the United States. If you are a lawful permanent
resident, you are not eligible to apply to bring your
brother or sister to live and work permanently in the United States.
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