Helping Brothers and Sisters Immigrate to the U.S.

• Basic Overview
• Who can petition for a brother or sister?
• What does the petition do for my sibling?
• What about other relatives?
• What about my sibling's family?
• After I file, how long will it be before my brother or sister can immigrate?
• Can my sibling wait in the United States until becoming a permanent resident?
• Does filing a petition for my sibling commit me to anything?
• How do I file?
• What happens after I file?
• How long will it take USCIS to process my petition?
• Help with Immigration for Brothers and Sisters

Overview

Millions of people want to come to the United States (U.S.) to live. To manage this process the law sets eligibility standards and also limits how many people can immigrate each year. One of the most common ways people immigrate is based on a relationship to a U.S. citizen.

If you want to help your brother or sister immigrate to the United States, start the process by reviewing the eligibility criteria and contacting D.Ray Mantle about filing an immigrant petition.

Who can petition for a brother or sister?

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.

What does the petition do for my sibling?

Filing a relative petition and proving a qualifying sibling relationship gives your brother or sister a place in line among others waiting to immigrate based on the same kind of relationship. When the place in line is reached, your brother or sister may be eligible to apply to immigrate.

For example: You file a petition for your sister. If USCIS approves it, your petition gives her a place in the line of people from the same country who are also brothers and sisters of U.S. citizens.

Your relative’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.

What about other relatives?

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.

What about my sibling’s family?

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: 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.

On the other hand, a separate petition must be filed on behalf of each person who qualifies as your direct relative, including your children.

For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—also file separate petitions for each of them.

For example: You marry a woman with a child. The child will usually qualify as your stepchild if he/she was unmarried and less than 18 when you married the mother. In that case, you would need to file one petition for your wife, and another for the child.

After I file, how long will it be before my brother or sister can immigrate?

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 your sibling and invites him or her to apply for an immigrant visa. If you are interested in current wait times for visa numbers, see Case Status for the most recent Visa Bulletin.

Can my sibling wait in the United States until becoming a permanent resident?

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

Does filing a petition for my sibling commit me to anything?

Under the law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your sibling’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 will also have to make this commitment.

How do I file?

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 sibling'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.

What happens after I file?

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 relative’s place in line for a visa number is reached, the NVC will notify you and your relative, inviting him or her and qualifying dependents to apply for immigrant visas at the nearest U.S. Embassy.

How long will it take USCIS to process my petition?

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.

Help with Immigration for Brothers and Sisters

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn more about how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if your brothers and sisters qualify for immigration to the United States, please contact D.Ray Mantle for a consultation.