How To Get A Green Card For International Student Siblings

If you are a US citizen and want to bring your international student sibling to the United States, you can apply for a green card on their behalf. However, it's important to note that this process can be lengthy and complex, with an extremely long waiting list due to an annual quota. To be eligible, you must be at least 21 years old and able to prove your citizenship and relationship with your sibling. You will also need to demonstrate that you can financially support your sibling and their family during their stay. The application process varies depending on whether your sibling is already in the US or abroad, and it is recommended to consult an immigration attorney for guidance.

The petitioner must be a US citizen and at least 21 years old

To petition to bring your sibling to live in the United States as a Green Card holder, you must be a US citizen and at least 21 years old. This is a strict requirement, and permanent residents are not eligible to petition to bring siblings to live in the country permanently. The petitioner, or sponsor, must submit a completed Form I-130, Petition for Alien Relative, along with supporting documents. This includes evidence of US citizenship, such as a valid US passport or birth certificate, and proof of the sibling relationship, such as birth certificates showing at least one common parent. If the sibling is adopted, a copy of the adoption decree showing the adoption took place before the sibling turned 16 is required.

It is important to note that the petitioner must also demonstrate that they can financially support their sibling and any dependents in the US, ensuring they will not require need-based government financial assistance. The process and required documents can be more complicated for non-biological siblings, and it is recommended to consult a professional immigration attorney for guidance. The waiting time for approval can be lengthy, so accuracy in completing the application is crucial to avoid delays or refusals due to amendable errors.

The application process varies depending on whether the sibling is already in the US or in a foreign country. If the sibling resides in the US, they must maintain their immigrant or nonimmigrant visa status and refrain from any unlawful activities during the waiting period. For siblings living abroad, the process is similar, but a petition must be included for the USCIS to contact the US Consulate in the sibling's country of residence. The National Visa Center (NVC) assists in preparing the visa application and interview for certain visa categories at US Embassies and Consulates.

It is worth mentioning that the Sibling Green Card falls under the family sponsorship permanent residence program, but it is the lowest priority family-based green card. This results in long consular processing times, and alternative routes to permanent residence may be more efficient if the sibling is eligible under other criteria. Nonetheless, the Sibling Green Card offers the opportunity for siblings of US citizens to become lawful permanent residents, including the spouse and unmarried children under 21 of the sponsored sibling.

The petitioner must prove they can financially support their sibling

To petition for a sibling green card, the petitioner must be a US citizen and at least 21 years old. The petitioner must also prove that they can financially support their sibling and that their sibling will not require need-based government financial assistance. This can be done by filling out Form I-864, Affidavit of Support. This form is a legal contract between the petitioner and the government, stating that the petitioner will take responsibility for their sibling's financial well-being. The petitioner must also provide evidence that they will be able to financially support their sibling, such as proof of income.

The process of filing for a sibling green card can be lengthy, as it is the lowest priority family-based green card and has a long waiting list. The petitioner must first submit a completed Form I-130, Petition for Alien Relative, along with the necessary supporting documents, including birth certificates and proof of US citizenship. The filing fee for Form I-130 is currently $535. Once the I-130 petition is approved, the sibling will receive a "priority date" based on the date the petition was first received. The waiting period can be extremely long, typically at least ten years, and sometimes up to 25 years for applicants from certain countries.

It is important to note that the application process for non-biological siblings may be more complicated, and it is recommended to consult a professional immigration attorney to ensure all forms are completed accurately and submitted with the necessary evidence. The petitioner must also be aware of any name changes and provide proof of the legal name change if applicable. Overall, the process of petitioning for a sibling green card requires significant time, energy, patience, and attention to detail.

The process is more complicated for non-biological siblings

To petition to bring your sibling to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States. The Sibling Green Card is a family sponsorship route that U.S. citizens can use to help their siblings gain lawful permanent residency in the United States. The process is more complicated for non-biological siblings.

If you and your sibling have a common biological father but different mothers (i.e., you are paternal half-siblings), you must submit copies of the marriage certificates of your father to each mother, as well as copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If your name or your sibling's name has changed, you must include proof of the legal name change, such as a marriage certificate, divorce decree, adoption decree, or court judgment of name change.

For non-biological siblings, such as step-siblings, you must prove that your shared parents were married before you turned 18 and are still married. If your sibling was adopted, they must have been adopted before both of you were 16 years old, and you must provide a copy of the adoption decree. It is recommended that you use a professional immigration attorney to support you with the application process.

The application process is also slightly different depending on whether your sibling is already in the U.S. or in a foreign country. If your sibling lives in the U.S., they must maintain their immigrant or nonimmigrant visa status and not engage in any unlawful activity during the waiting period. If your sibling lives abroad, the same process applies, but you must include a petition for the USCIS to contact the U.S. Consulate in your sibling's country of residence.

Due to the lengthy consular processing times for Sibling Green Cards, it may be better for your sibling to explore other routes to permanent residence status in the U.S. if they are eligible. There is an annual quota of people allowed into the U.S. as siblings of U.S. citizens, and far more people apply than the quota allows, resulting in a long waiting list. It is important to note that only U.S. citizens can sponsor their siblings for a Green Card; a Green Card holder cannot sponsor their sibling.

The application process differs depending on the sibling's location

The application process for a sibling Green Card differs depending on the sibling's location. If your sibling is already in the U.S., they must maintain their immigrant or nonimmigrant visa status and refrain from any unlawful activities during the waiting period. On the other hand, if your sibling lives abroad, you must include a petition for the USCIS to contact the U.S. Consulate in their country.

For siblings in the U.S., the process begins with filing a Form I-130, Petition for Alien Relative, along with the necessary fees. This form establishes the sibling relationship and can include step-siblings or adopted siblings, provided certain conditions are met. The petitioner must be a U.S. citizen and at least 21 years old to be eligible to sponsor their sibling. Along with the form, the petitioner must submit proof of citizenship, such as a valid U.S. passport or birth certificate, and evidence of the sibling relationship through birth certificates or other relevant documents.

For siblings living abroad, the process is similar, but there is an additional step of petitioning the USCIS to communicate with the U.S. Consulate in their country. This involves gathering essential documents, including birth certificates, marriage certificates (in case of half-siblings), and proof of name change if applicable. The petitioner must also demonstrate financial support for their sibling and their family, ensuring they will not require need-based government assistance.

It is important to note that the application process for non-biological siblings can be more complicated, and seeking the guidance of an immigration attorney is recommended. The Sibling Green Card process has a long waiting period, so accuracy in the application is crucial to avoid delays or refusals due to amendable errors.

The petitioner must provide proof of shared parentage

If you are a US citizen and want to apply for a Green Card for your internal student sibling, you must be at least 21 years old. Permanent residents may not petition to bring siblings to live permanently in the United States.

To successfully complete the process, the US citizen petitioner (i.e. the sponsor) must submit:

• A completed Form I-130, Petition for Alien Relative. Note that you do not need to file a separate Form I-130 for your sibling's spouse or unmarried children under 21 years of age.
• A copy of your birth certificate and a copy of your sibling's birth certificate showing that you have at least one common parent. If your name or your sibling's name has changed, include proof of the legal name change. This may include a marriage certificate, divorce decree, adoption decree, or court judgment of name change. If you and your sibling have a common biological father but different mothers (i.e. you are paternal half-siblings), also submit copies of your father's marriage certificates to each mother, as well as copies of documents showing that any prior marriages were legally terminated.
• Evidence that you are a US citizen, such as a copy of your valid US passport or birth certificate.

The application process for non-biological siblings is more complicated, and it is recommended to consult a professional immigration attorney for support.

Frequently asked questions