Partner
American citizens often express interest in bringing their non-citizen brothers and sisters to the United States. It is possible to help your sibling acquire permanent residency status, which opens the door to full citizenship later. However, the process often takes years and there are a number of steps that have to be completed in accordance with U.S. Citizenship and Immigration Services (USCIS) requirements.
Failure to follow these rules could delay or jeopardize your ability to have your sibling come to the United States. But hiring an experienced immigration law attorney will make a difference. Find out how the attorneys of LaFountain & Wollman P.C. can assist you.
Basic Requirements to Bring Your Sibling to the United States
Only U.S. citizens who are at least 21 years of age can petition to bring their brother or sister to the United States. A successful petition will result in a green card being issued to the sibling, which grants permanent residency to that individual. To complete this process, a petitioner must submit the following documentation:
- Form I-130, Petition for Alien Relative: It is not necessary to file a separate Form I-130 for your sibling’s spouse or unmarried children who are under age 21.
- Birth certificates: You must submit a copy of your and your sibling’s birth certificate to prove that you have at least one parent in common.
- Proof that you are a U.S. citizen: This may include a copy of:
- Your valid U.S. passport
- Your U.S. birth certificate
- Consular Report of Birth Abroad
- Your naturalization certificate
- Your certificate of citizenship
Requirements for Siblings Through Adoption, Step-Parents, and Paternal Half-Siblings
Some individuals are related to their siblings through adoption, through a step-parent, or because they have the same father but a different mother (meaning, they are paternal half-siblings). These are the additional documents that must be submitted in such situations:
- Related through adoption: Copy of the adoption decree(s) showing the adoption took place before you or your sibling (who is the adopted child) reached 16 years of age.
- Related through a step-parent: (1) Copies of documents proving that any prior marriage(s) of the natural and/or step-parent were legally terminated, and (2) copy of the certificate of marriage between the step-parent and the natural parent. Also note that age restrictions for meeting the definition of “step-child” apply.
- For paternal half-siblings: (1) Copies of the marriage certificates of the father to each mother, and (2) copies of documents showing termination of any prior marriages of either your father or mothers.
What Happens If My Petition is Denied?
It’s important to retain an experienced legal counsel in submitting the above documentation and additional documents for the itemized special circumstances. Nonetheless, if your request to bring your sibling to the United States is rejected, you do have the option to appeal. There is a process and timeframe for doing so, as well as a fee, so do not delay taking action upon learning of the denial. The Board of Immigration Appeals will then consider your appeal. Our attorneys can assist you throughout this process.
Helping Reunite Siblings Living Abroad
The legal team at LaFountain & Wollman P.C. knows that successful navigation of the immigration system can help reunite your family by bringing your siblings to the United States. Let us help you get started on that journey. Give us a call today to begin working with our immigration legal team.