If you are a U.S. citizen and want to sponsor your sibling for a green card, family-based immigration may provide a path to lawful permanent residence. The process begins with a petition filed with USCIS. It may continue through adjustment of status (if your sibling is already in the U.S.) or consular processing (if your sibling is outside of the U.S.). Permanent residents are not eligible to petition for a sibling.
Do I Qualify?
U.S. Citizen
You must be a U.S. citizen to petition for a sibling.
Age Requirement
You must be 21 years of age or older at the time of filing.
Qualifying Sibling Relationship
You and your sibling must share at least one common parent — biological, adoptive, step-, or half-sibling.
Sibling is Eligible for Immigration Benefits
Your sibling must generally be eligible to receive an immigrant visa or adjust status.
Financial Sponsorship Requirement
You must generally be willing and able to provide financial sponsorship through Form I-864.
Admissibility Requirement
Your sibling must generally be admissible to the U.S.
Documents to Gather
Proof of U.S. Citizenship
U.S. passport, U.S. birth certificate, naturalization certificate, or Consular Report of Birth Abroad (CRBA).
Proof of Sibling Relationship
Your birth certificate and your sibling's birth certificate showing at least one common parent. If your relationship involves adoption, a step-parent, or a shared father with different mothers, additional documentation may be required to establish the qualifying relationship.
Identity and Civil Documents
Passports, government-issued identification documents, and birth certificates.
Immigration Records (If Applicable)
Prior immigration filings, admission records, visas, and related immigration documents.
Financial Documentation
Federal tax returns, W-2s, pay stubs, employment verification, and other documentation required for Form I-864.
Additional Documents May Be Required
Legal name change documents, police records, certified English translations, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The legal process can be complex and overwhelming. Moving forward with sponsoring your sibling starts with an initial consultation.
File Form I-130 With USCIS
Form I-130 is filed with USCIS to establish the qualifying sibling relationship. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
Adjustment Of Status Or Consular Processing
Once a visa number is available, the case proceeds either through adjustment of status within the U.S. or consular processing abroad, depending on where your sibling is living at that time. Because the F4 category is subject to an annual numerical limit, a visa number must become available under the monthly Visa Bulletin before the case can move forward.
Affidavit of Support
Form I-864, Affidavit of Support, is prepared and submitted as part of the immigration process.
Medical Examination
A medical examination may be required as part of the immigration process. This examination must generally be completed by a USCIS-designated civil surgeon or an approved panel physician.
Interview Preparation And Interview (If Required)
If an interview is required, we review the required documents and discuss what to expect during the process.
Decision And Lawful Permanent Residence
USCIS or the Department of State issues a decision after reviewing the application and supporting documentation. If approved, lawful permanent resident status is granted and a permanent resident card (green card) is issued.
Complex Case Factors
Sibling Relationship
Adoption, step-parent, and half-sibling relationships each have specific documentation and requirements.
Immigration Violations
Prior immigration violations, unlawful presence, or removal proceedings may affect eligibility.
Criminal History
Certain criminal convictions or arrests may affect eligibility or require additional review.
Disclaimer & Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Visiting this site, submitting a contact form, or contacting the Law Office of Ashley Weston does not create an attorney-client relationship. An attorney-client relationship is only established through a written, signed retainer agreement.
The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
All legal matters are fact-specific, and prior testimonials or results do not guarantee a similar outcome. This website constitutes attorney advertising under California Rules of Professional Conduct and applicable rules in other jurisdictions. Attorney responsible for this advertisement: Ashley Weston, Esq., Sacramento, California.