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How Do I Bring a Sibling to Live in the
United States?
This information is for U.S. citizens
who wish to bring a sibling to live permanently in the United States.
Only U.S. citizens can bring their siblings to live permanently
in the U.S. Lawful Permanent Residents can not.
Definition of
a Sibling
Overview of the Immigration Process
What Does the Law Say?
Who is Eligible to Sponsor a Sibling?
How Do I File the Visa Petition?
How Can I Check the Status of My Visa Petition?
Can Anyone Help Me?
Frequently Asked Questions
Information For Your Alien Relative
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 ?hildren?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 ?awful 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? Visa Bulletin for current priority
dates.
For an excellent overview of immigration, please see the chapter
and tables on immigrants in the Immigration
Statistical Yearbook. For more information on immigrant visa
numbers, please see How
Do I Get an Immigrant Visa Number?
What
Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission
of all immigrants 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, 8 CFR ?204.2 and 8 CFR ?245.
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.
How Do
I File the Visa Petition?
For more information on how to petition for your brother or sister
to live in the United States permanently, please see the Petitioning
Procedures.
How Can
I Check the Status of My Visa Petition?
To check the status of your visa petition, you will need to contact
the USCIS office that received it. Full instructions can be found
at Finding
the Status of Your Case.
Can
Anyone Help Me?
If advice is needed, you may contact the USCIS
District Office near your home for a list of community-based,
non-profit organizations that may be able to help you in applying
for an immigration benefit. In addition, please see our web page
that provides information on obtaining
free legal advice.
Frequently
Asked Questions (FAQ?)
Do you want further information? Click here for access to our Frequently
Asked Questions on immigration.
Information
for Your Alien Relative
For more information on adjusting to permanent resident status the
alien relative should refer to How
Do I Become a Lawful Permanent Resident While In the United States?
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