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Are U.S. Citizens Eligible To Apply For Green Cards For Their Siblings?

Are U.S. Citizens Eligible For Green Cards For Their Siblings?

If you’re trying to help your brother or sister achieve legal residency in the United States, you can file a petition on their behalf under federal law. Like any other sort of immigration, the process can be complicated and time-consuming, requiring significant paperwork, documentation, and patience.

It is best to speak with a skilled family-based immigration attorney at Gehi & Associates to guarantee your sibling can join you in the United States. You’ll also likely be able to gain residence for your sibling’s spouse and children.

Who is eligible to file a Sibling Immigration Petition?

You must be at least 21 years old and a U.S. citizen to file a petition on behalf of a sibling. You cannot file a petition for a sibling if you are a lawful permanent resident. You’ll also have to show proof of your relationship with your brother or sister.

Siblings don’t need to be biologically related to one another. Siblings in the United States are defined as:

  • Siblings who have at least one biological parent in common.
  • Stepbrothers and stepsisters who were 18 years old or younger when their parents married and who are still married to their parents.
  • Adopted siblings who were both under the age of 16 at the time of adoption.

What is the Procedure for Petitioning a Sibling for Permanent Residence in the United States?

The US citizen must first file a Form I-130 with the US Citizenship and Immigration Services (USCIS) to begin the petition process. If the petition is authorized, the paperwork will be sent to the US consulate or embassy in the home country of the foreign citizen sibling, and a visa interview will be organized.

If the sibling is already legally present in the United States and the quota is still available, they may be entitled to apply for adjustment of status. Before starting the petition process, you must speak with an experienced immigration attorney to learn about your alternatives.

Unfortunately, even if a petition is authorized, it might take years for a sibling’s case to be approved because it is a fourth preference immigration category with limited visas available each year.

In a USCIS application, who counts as a sibling?

There are many different sorts of families in today’s society, but someone who is “like a brother” or “the same as a sister” will not be enough to receive a green card for a sibling. The following individuals, however, may be eligible for a green card.

  • Brother or sister with the same birth parents
  • Half sibling
  • Stepbrother or stepsister
  • Adopted sibling

The marriage or divorce certificate of their parents or adoption certificates may be required in some sibling green card applications to prove further the family tie between the U.S. citizen and the green card applicant.

Is it possible to appeal a denial of a sibling immigration petition?

If the USCIS declines your sibling’s petition, the denial will include a rationale for the refusal and options for appealing the denial. It is best to speak with an expert immigration attorney at this stage to help you understand how to meet USCIS standards and your prospects of success if you decide to appeal.

One of the most prevalent reasons for the denial is that USCIS has found that the family relationship was not real or recognized by immigration law. A knowledgeable attorney will assist you and your sibling in gathering acceptable evidence of your kinship and defend your case in court. To discuss your options, contact Gehi & Associates as soon as possible.

Immigration Lawyers in New York for Families

Filing for permanent residency on a sibling’s behalf is time-consuming and can take years. Consult with the New York immigration lawyers at Gehi & Associates as soon as possible to help secure the success of your application.

Our legal staff has assisted several people in obtaining legal status for their siblings. To learn more about our services, please get in touch with us. For any U.S. Citizenship related advice:

  • Visit us at www.gehilaw.com
  • Contact us at 718-263-5999
  • Email us at info@gehilaw.com

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