Lori Meadows
International students who want to bring their siblings to the USA can do so by applying for a B-2 visitor visa. This visa allows family members to stay in the US for a maximum of six months, and students will need to provide documents to prove their relationship. Alternatively, if the international student is over 21 and a US citizen, they can sponsor their sibling for a Green Card by submitting Form I-130. However, this process can be lengthy, taking up to 5 years. Students can also consider applying for an F-1 visa and then adding an F-2 visa application for their sibling, but this option is only available if the sibling is a spouse or child.
How can international students bring a sibling to the USA?
| Characteristics | Values |
|---|---|
| Visa type | F-1 visa for the student, F-2 visa for the sibling |
| Application | F-2 visa application for each family member |
| Proof of relationship | Marriage or birth certificate |
| Sibling over 21 | B-2 visitor visa |
| University requirements | I-20 form, passport, financial statements |
| Financial requirements | $6000 per year per child |
| Medical requirements | Covid-19 vaccination, meningitis, polio, MMR, hepatitis B |
| Other requirements | Evidence of ties to the home country, return flight booking |
| Processing time | 2-5 years |
| Additional time | 2-5 years if visa expires before entry |
| Form | I-130 |
| Supporting documents | Affidavit of support, DS forms, birth certificates |
| Special cases | Child Status Protection Act (CSPA) for siblings under 21 |
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What You'll Learn
Sibling visa requirements
To bring a sibling to the USA, an international student can apply for a B-2 visitor visa. This allows family members to stay in the US for up to six months, and the student must provide documents to prove their relationship.
For a sibling to obtain a visa to enter the USA, the following requirements must be met:
- The petitioner must be at least 18 years old.
- An established familial link must be proven, whether through blood, adoption, or marriage.
- The petitioner must commit to financially supporting their sibling.
- The sibling must not have certain criminal records or specific medical conditions.
- In the case of adopted, step, or half-siblings, there may be additional prerequisites.
- The petitioner must submit Form I-130, Petition for Alien Relative, along with their and their sibling's birth certificates, and evidence of US citizenship.
- If the sibling is already in the USA, an adjustment of status can be requested, but this is only possible if the Visa Bulletin date is current and noted on their student visa or H1B.
- If the sibling is under 21 years old, the Child Status Protection Act (CSPA) may offer protection and eligibility to enter the USA.
- The petitioner must provide an affidavit of support, DS forms, and other supporting documents at the National Visa Center.
- An interview will be scheduled, and the petition will be approved or declined.
- If approved, the immigrant visa will be issued, and the sibling must enter the USA before it expires; otherwise, the process must be repeated.
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Student visa options
International students can bring their spouse or child to the US by applying for an F-1 visa and then adding an F-2 visa application for each accompanying family member. The F-2 visa is a derivative visa, meaning that the length of stay allowed for the accompanying family member will be equal to that of the student. The student will be required to show proof of their relationship with the applicants, such as a marriage or birth certificate.
If an international student wants to bring a parent, sibling, fiancé(e), or child over the age of 21 to the US, these individuals must apply for a B-2 visitor visa. These visas allow family members to stay in the US for a maximum of six months, and the student will need to provide documents to prove their relationship with the applicants.
The US International Student and Scholar Services (ISSS) requires evidence of funding to the amount of $7000 per year for a spouse and $6000 per year per child to issue an I-20 form. This is the minimum required amount, and the actual cost of living may be higher. Dependents must also show that they will return home once the F-1 student's education is complete, which can be demonstrated with a return flight booking. Dependents of international students are not permitted to work under F-2 visa regulations and will not be provided with a social security number.
International students must attend a school and enrol in courses that are certified by the Student and Exchange Visitor Program (SEVP) to be eligible for an F-1 or M-1 visa. The school must be approved by the SEVP, and the student must be enrolled as a full-time student. The student must also be proficient in English or be enrolled in courses leading to English proficiency. They must have sufficient funds to support themselves during their studies and maintain a residence abroad with no intention of giving it up.
F-1 students may not work off-campus during their first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT), severe economic hardship, or special student relief. M-1 students may engage in practical training only after they have completed their studies. For both F-1 and M-1 students, any off-campus training employment must be related to their area of study and must be authorized by the Designated School Official.
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Financial requirements
As an international student, you can bring your sibling to the USA by applying for an F-1 visa and then adding an F-2 visa application for your sibling. The F-2 visa is a derivative visa category, meaning that the length of stay allowed for your sibling will be equal to yours. However, it is important to note that F-2 visa holders are not permitted to work and will not be provided with a social security number.
To obtain a visa for your sibling, your university needs to issue an I-20 form. The university will require documents such as a copy of your passport and additional financial statements showing how you can support your sibling financially. The US International Student and Scholar Services (ISSS) require evidence of funding to the amount of $6000 per year per child. Although this is the minimum required amount, it is recommended that you secure more than this to cover the rising cost of living in the US and any possible emergencies. Additionally, your sibling must demonstrate that they will return home when your education is complete, which can be shown with a return flight booking.
If your sibling is already in the USA, the process for obtaining a Green Card is different. You will need to request an adjustment to their current status, ensuring that the Visa Bulletin date is current and noted on their student visa or H1B. Your sibling will be eligible for a Green Card if Form I-130 is approved and the status is current.
If your sibling is outside the USA, you must submit Form I-130 for them, along with evidence of your US citizenship. This form usually takes between 2 to 5 years to be approved, but the waiting time may vary. Once approved, your sibling can visit the National Visa Center to file the affidavit of support along with DS forms and other supporting documents. An interview will then be scheduled, after which the petition will be approved or declined. If accepted, your sibling will be issued an immigrant visa, which must be used before it expires, or the entire process will need to be repeated.
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Application process
The application process for bringing a sibling to the USA differs depending on the immigration status of the applicant.
For US Citizens
If you are a US citizen over the age of 21, you can petition to bring your sibling to live in the United States as a Green Card holder. To do this, you must submit Form I-130, Petition for Alien Relative, to the USCIS. This form should be accompanied by the following:
- A copy of your birth certificate and your sibling's birth certificate, showing at least one common parent
- Evidence of US citizenship, such as a valid US passport or birth certificate
- If your sibling is married or has children under 21, include their birth certificates as well
- If your name or your sibling's name has changed, include proof of the legal name change, such as a marriage certificate or court judgment
The processing time for Form I-130 can vary between 2 to 5 years, and you may be asked to wait until the priority date and visa bulletin dates are current. Once your form is approved, you will need to proceed to the National Visa Center, where you will file an affidavit of support along with DS forms and other supporting documents. An interview will then be scheduled, after which the petition will be approved or declined. If accepted, an immigrant visa will be issued, which you must use to bring your sibling to the US before it expires; otherwise, you will have to repeat the process.
For International Students
International students can bring their siblings to the US on a B-2 visitor visa, which allows family members to stay for a maximum of six months. To obtain this visa, you will need to provide documents proving your relationship, such as birth certificates. Additionally, evidence of strong ties to your home country is crucial, as consular officers frequently deny B-2 visa applications due to a lack of this evidence.
If you are an international student on an F-1 visa, your sibling is not eligible for F-2 status. However, if you are married and your spouse wishes to bring their sibling to the US, they can apply for an F-1 visa and then add an F-2 visa application for their sibling.
Alternatively, if you are studying at a US university certified by the SEVP, you may be eligible for Curricular Practical Training, which allows for internships or work experience.
For Permanent Residents
If you are a permanent resident, you cannot petition to bring your sibling to live permanently in the United States. However, if your sibling is already in the US, you can request an adjustment to their current status, provided that the Visa Bulletin date is current and noted on their student visa or H1B.
In addition, if your sibling has a spouse or unmarried children, they may be eligible for "follow-to-join benefits," which allows them to apply for an immigrant visa without needing to submit a separate form.
It is important to note that the process of bringing a sibling to the US can be complex and time-consuming, with lengthy processing times due to visa caps and annual limits on the number of visas issued for siblings of US citizens. Consulting an immigration attorney can help navigate these challenges and expedite the process.
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Legal advice
If you are an international student in the United States, you may be able to bring your sibling to the country, but there are strict regulations and the process can be time-consuming and challenging. Here is some legal advice to guide you through the process:
Understanding Visa Categories
The U.S. Citizenship and Immigration Services (USCIS) classify family-based immigration into two categories: Immediate Relatives and Family Preference. Immediate Relatives include spouses, unmarried children under 21, and parents of U.S. citizens, while Family Preference includes more distant family relationships, such as siblings. There are no annual limits on visas for Immediate Relatives, but there are limits for Family Preference visas, resulting in longer waiting times.
Requirements for Petitioners
To petition to bring your sibling to live in the United States as a permanent resident, you must be a U.S. citizen and at least 21 years old. Permanent residents are not eligible to petition for their siblings. As a petitioner, you must demonstrate that you can financially support your sibling and that they will not become public charges. Your sibling must not possess certain criminal records or specific medical conditions. You must also provide evidence of your relationship, such as birth certificates showing at least one common parent.
Visa Options for Siblings
The most common path for bringing a sibling to the U.S. is through the Form I-130, which is the Petition for Alien Relative. This process can take between 2 to 5 years or even longer due to visa caps and country-specific demand. If your sibling is already in the U.S., they may be eligible for an adjustment of status, but this depends on factors such as their current visa status. For siblings under 21, refer to the Child Status Protection Act (CSPA) for additional considerations.
Student Visa Considerations
If you are an international student, your sibling cannot obtain F-2 or J-2 status as a derivative of your F-1 or J-1 status. However, they may be able to accompany you on a B-2 visitor visa, which allows for a maximum stay of six months. To obtain this visa, your sibling must provide evidence of strong ties to their home country and demonstrate their intention to return. They may also need to show proof of immunizations and health insurance.
Seeking Legal Assistance
Immigration law is complex, and each case is unique. Consulting an experienced immigration attorney can be beneficial in navigating the process and ensuring the accuracy of your application. They can provide tailored guidance and suggest alternative immigration routes if needed. Remember that incorrect or incomplete documentation can delay or hinder your petition.
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Frequently asked questions
If you are an international student in the USA, your sibling must apply for a B-2 visitor visa. This will allow them to stay in the US for a maximum of six months.
You will need to provide documents to prove your relationship, such as birth certificates. You will also need to demonstrate that you can financially support your sibling.
Bringing a sibling to the USA can take a long time, typically between 2 to 5 years.
